CEB Minutes 08/28/2025 (Draft)August 28, 2025
Page 1
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY CODE ENFORCEMENT BOARD
Naples, Florida, August 28, 2025
LET IT BE REMEMBERED that the Collier County Code
Enforcement Board, in and for the County of Collier, having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Robert Kaufman
John Fuentes, Vice Chair
Kathleen Elrod
Lee Rubenstein
Tarik N. Ayasun
ABSENT:
Sue Curley
ALSO PRESENT:
Tom Iandimarino, Code Enforcement Director
Helen Buchillon, Code Enforcement
Jeff Letourneau, Manager of Investigations
Kevin Noell, Attorney to the Board
August 28, 2025
Page 2
CHAIRMAN KAUFMAN: Good morning, everybody. I'd like
to call the Code Enforcement Board to order.
Notice: Respondents may be limited to 20 minutes for case
presentation unless additional time is granted by the Board. Persons
wishing to speak on any agenda item will receive up to five minutes
unless the time is adjusted by the Chairman.
All parties participating in the public hearing are asked to
observe Robert's Rules of Order and speak one at a time so that the
court reporter can record all statements being made.
Any person who decides to appeal a decision of this board will
need a record of the proceedings pertaining thereto, and therefore,
may need to ensure a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is to be based. Neither Collier County nor the Code
Enforcement Board shall be responsible for providing the record.
Hope you all understand that. We're going to ask questions
later.
I'd like everybody to stand for the Pledge.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN KAUFMAN: And now we're going to take a
break; am I right?
MS. BUCHILLON: Yes, sir, because they're still checking in
out there.
CHAIRMAN KAUFMAN: Okay. Well, let me go through
what I can.
The minutes, anybody have any changes or adjustments on the
minutes?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, we'll accept the
minutes as being approved.
The agenda we're still working on.
August 28, 2025
Page 3
MS. BUCHILLON: Yes. Do you want to do roll call or --
CHAIRMAN KAUFMAN: Let's do roll call, yeah. Who's not
here?
MS. BUCHILLON: Okay. Good morning. For the record,
Helen Buchillon, Code Enforcement.
Mr. Robert Kaufman?
CHAIRMAN KAUFMAN: Here.
MS. BUCHILLON: Ms. Kathleen Elrod?
BOARD MEMBER ELROD: Here.
MS. BUCHILLON: Mr. John Fuentes?
BOARD MEMBER FUENTES: Here.
MS. BUCHILLON: Mr. Lee Rubenstein?
BOARD MEMBER RUBENSTEIN: Here.
MS. BUCHILLON: And, Mr. Tarik Ayasun?
BOARD MEMBER AYASUN: Here.
MS. BUCHILLON: Ms. Sue Curley is excused.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: And that will be all for now.
CHAIRMAN KAUFMAN: Okay. So I wasn't kidding. We are
going to take a couple-minute break. The people in the hall are
signing stipulations, so it will shorten the meeting, hopefully.
(A recess was had from 9:04 a.m. to 9:11 a.m.)
CHAIRMAN KAUFMAN: We're going to go over the agenda
now.
MS. BUCHILLON: We have some stipulations.
Good morning. For the record, Helen Buchillon, Code
Enforcement.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: First stipulation, No. 1,
CESD20240005086.
Number 2, CESD20230007752, Sergio Ruiz and Yusleidy
August 28, 2025
Page 4
Torres.
Number 4, CESD202400111507, Mi Casa Bonita Investment
Group, LLC.
Number 7, CESD20250006441, Olszewski Revocable Trust.
Number 9, CESD20250001575, Jonathan Turner and Olivia M.
Turner.
Number 12, CESD20240006181, 895 24th Avenue Annex,
LLC.
Those are all the stipulations for now.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: And changes to the agenda, under public
hearings, hearings, No. 5, CESD20240006446, Maria Ramirez
Francisco, has been withdrawn.
Number 6, CESD20250003027, Fronterra Property Owners
Association, Inc., has been withdrawn.
Number 11, CELU20240004544, Miceli Family Revocable
Trust, has been withdrawn.
Under old business, motion for imposition of fines and liens,
No. 15, CENA20230003369, DHome Builders, Inc., has been
withdrawn.
Number 19, CEVR20210009902, Iron Ranch Containers, Inc.,
has been withdrawn.
Number 20, CELU20210010367, Iron Ranch Containers, Inc.,
has been withdrawn.
Number 21, CEVR20210010368, Iron Ranch Containers, Inc.,
has been withdrawn.
And those are all the changes for now.
CHAIRMAN KAUFMAN: Okay. Can we get a motion from
the Board to --
BOARD MEMBER FUENTES: Go home.
CHAIRMAN KAUFMAN: -- adjust the agenda?
August 28, 2025
Page 5
BOARD MEMBER AYASUN: So moved.
BOARD MEMBER ELROD: Make a motion to accept the
agenda as modified.
CHAIRMAN KAUFMAN: As modified.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
So, Helen, we're going through the stips first or the extension of
time?
MS. BUCHILLON: I have one more change to the agenda.
BOARD MEMBER AYASUN: Okay.
MS. BUCHILLON: Under hearings, No. 3,
CELU20250001718, Vanderbilt Living, LLC, has been withdrawn.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: And we can start with the extension of
times, and then we'll do stipulations.
CHAIRMAN KAUFMAN: Extension of times?
MS. BUCHILLON: Yes, sir.
CHAIRMAN KAUFMAN: Number 1?
MS. BUCHILLON: Yes, sir.
No. 1, CESD20230001084, Erick Padilla.
MR. PADILLA: Good morning.
BOARD MEMBER FUENTES: Good morning.
CHAIRMAN KAUFMAN: Good morning.
August 28, 2025
Page 6
MR. MIGAL: Good morning.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. PADILLA: I do.
MR. MIGAL: I do.
CHAIRMAN KAUFMAN: Rick, when was this originally
scheduled?
MR. MIGAL: The first hearing date was April 24th. April 24th
was the first hearing.
CHAIRMAN KAUFMAN: Okay.
MR. MIGAL: So as far as the -- this was going to be scheduled
for OIF, but he's asking for more time. He sent in an email in
advance, which I'll be putting on the board in a second.
CHAIRMAN KAUFMAN: Okay. Sir?
MR. PADILLA: Okay. My name is Erick Padilla, and this is in
reference to 5245 Hickory Wood Drive, Naples.
So I'm essentially asking for more time. The status of what
we're doing here now is we are working with the company by the
name of Earth Tech Environmental. They're dealing with the Florida
DEP. And you could understand how the response is.
The last time we emailed them was August 25th, and then
previous to that it was August 15th. What we did on August 15th, we
presented a restoration plan, and they have not answered.
So we're in the works of putting something together to restore
the areas that were impacted by construction that are in the wetlands
and then buying some credits, but he hasn't been -- a decision hasn't
been made by the DEP yet.
CHAIRMAN KAUFMAN: Okay. When -- when do you think
this is all going to be done? Because if -- you're asking for an
extension until when?
August 28, 2025
Page 7
MR. PADILLA: I'll be honest with you. This is the first time I
deal with it. I have no idea. I've been going with this for about two
years. DEP is not quick to respond. We have to email two or three
times. They switch personnel. I'm sure you understand the process.
But what I'm requesting right now is another six months and perhaps
the opportunity to come back if I need to. I have no idea. I'm
working on it. Believe me, I want to get this done, but I just don't
know. I'm at the mercy of the DEP.
CHAIRMAN KAUFMAN: Okay. So what you're asking for is
a six-month extension.
MR. PADILLA: That's correct.
CHAIRMAN KAUFMAN: Okay. Any comments, questions
from the Board?
(No response.)
CHAIRMAN KAUFMAN: This is an environmental problem.
MR. PADILLA: Wetland, yeah. Wetland impacts, correct.
MR. IANDIMARINO: Mr. Chairman, for the record, Tom
Iandimarino, director, Collier County Code Enforcement.
Mr. Padilla, I think this is something that -- you built this on
your property prior to all permitting applications, correct?
MR. PADILLA: Part of it is, yeah. And then some other things
were I built a driveway to practically store some trailers in the back
of my house. So it all has to be -- it had been -- has been removed
and cleaned up. There's a restoration plan in place. They have to
accept it. And then I've got to do some replantings, bring the area
back to normal.
MR. IANDIMARINO: Correct. So you built this on your
property without any permits to begin with, correct?
MR. PADILLA: That's correct.
MR. IANDIMARINO: Okay. You are a licensed contractor, if
I'm not mistaken, correct?
August 28, 2025
Page 8
MR. PADILLA: That's correct.
MR. IANDIMARINO: Okay. So you are aware that permits
were supposed to be taking place in the first place.
MR. PADILLA: I am.
MR. IANDIMARINO: Okay. And you failed to do that. And
now you're coming in asking for an extension?
MR. PADILLA: I am.
MR. IANDIMARINO: Okay. I just wanted to make that note,
Mr. Chairman. Thank you.
CHAIRMAN KAUFMAN: Okay. What does the County
recommend on this?
MR. LETOURNEAU: Mr. Chairman, I have something else to
elaborate on also.
CHAIRMAN KAUFMAN: Okay.
MR. LETOURNEAU: For the record, Jeff Letourneau, Collier
County Code Enforcement.
Mr. Padilla, the actual notice was served on February 24th of
2023. That's two and a half years. What have you done in two and a
half years to get this thing taken care of?
MR. PADILLA: I filed for a permit with Collier County, and
that was a process.
MR. LETOURNEAU: The one that's in abandoned state right
now?
MR. PADILLA: Is in abandoned state? I mean --
MR. LETOURNEAU: It is, yes.
MR. PADILLA: Is it? Okay. Well, we have to reinstate that.
I filed for a permit. I put drawings together. And then,
honestly, it's all the DEP. I've been after the DEP for a long time. It
took me a while to find an environmental contractor to help me
through the process. I hired Earth Tech Environmental probably
about eight months into the process, and they were the ones that have
August 28, 2025
Page 9
been guiding me to do things.
But to be honest with you, DEP, they switch personnel. Every
time I'll go back with them, they have to read all the emails. They're
lost. They don't know where they stand. We've got to go back to
zero and start all over again, so I'm at their mercy.
Besides that, obviously all of this costs money. I've been going
through a refinancing issue with my house. I think I'm going to have
the funds here in the next few weeks. So I'm good to go now as far
as financials. But the DEP, I'm sure you're aware of it, they -- I'm
at -- I'm at the mercy of whatever they do.
MR. LETOURNEAU: No, I get it, and, you know, I can
sympathize it can be a long process, but, you know, it's been two and
a half years since you were notified of this violation.
MR. IANDIMARINO: And, Mr. Chairman, if I may
add -- again, Tom Iandimarino, director.
Mr. Padilla is a licensed contractor. He should have been well
aware, having taken the licensing tests to become a contractor, that he
had to get permits prior to ever doing any work on his property in the
first place.
I would not object to a reasonable extension of time, three to
four months possibly, but I don't think I'd want to go any further than
that beyond this before we start looking at accrual of daily fines, sir.
Thank you.
CHAIRMAN KAUFMAN: Okay. Comments from the Board?
My comment is as a licensed contractor, from 2023 to now is a
long time. And I think pointing the finger at somebody else works
for a short period of time, not for years. So I would -- I would deny
the -- personally the request for an extension of time.
BOARD MEMBER RUBENSTEIN: Is that a motion?
CHAIRMAN KAUFMAN: Not yet. As soon as the comments
from the Board are heard.
August 28, 2025
Page 10
BOARD MEMBER FUENTES: I mean, there's not really much
to comment on, I guess. Tom kind of really hit the nail there. Past
experience, licensed contractor, education, background.
The permitting process was of knowledge. He just selected not
to use it. And now we're going to have to either provide that extra
time because we want to be nice or say, "Hey, you knew about it, and
you've got the license for it." It's one thing not to know. It's
something to know. And so I think I'm going to second that if you
make that motion.
CHAIRMAN KAUFMAN: I am.
BOARD MEMBER AYASUN: What is the follow-up? So you
deny it, then what happens?
CHAIRMAN KAUFMAN: Then we hear it. It's scheduled
for --
BOARD MEMBER FUENTES: No.
CHAIRMAN KAUFMAN: -- imposition of fines.
BOARD MEMBER FUENTES: No.
MR. LETOURNEAU: No, we don't schedule imposition on
extensions.
MS. BUCHILLON: Fines will start accruing.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER FUENTES: Well, make your motion, Bob.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second.
BOARD MEMBER FUENTES: Second.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
August 28, 2025
Page 11
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
So you're going to have to get yourself in order quickly;
otherwise, the fines are going to eat you alive. So...
MR. PADILLA: How long are you going to allow?
CHAIRMAN KAUFMAN: The fines start accruing now.
BOARD MEMBER FUENTES: Yeah. What you need to do is
you need to correct the violation in order to be able to come back. As
of right now the fines are accruing on the property.
The permit being in abandoned state, you're probably going to
have to go and start that again. So it might take some time. The
longer it takes, the fines just get larger and larger.
MR. PADILLA: Okay. So if I go in and get the permit back in
order, then the fines stop, or is it until it's done?
BOARD MEMBER FUENTES: You'll have to come before the
Board once all the violations are corrected, and then we can
determine what the fine will be after that. There might be no
reduction, there could be a reduction, it all depends. But the sooner
you get it done the better.
MR. PADILLA: Okay.
MR. LETOURNEAU: Yeah. You're going to need to get
the -- to obtain the permit, get the inspections done, and then obtain
the certificate of completion. That will stop the fines at that point.
MR. PADILLA: Okay. So basically, you're not allowing any
time?
BOARD MEMBER FUENTES: No time at this moment.
MR. PADILLA: Okay. All right. Very good.
CHAIRMAN KAUFMAN: Okay. Brings us to extension of
times, the second case.
MS. BUCHILLON: Next case, No. 2, CESD20250000451,
August 28, 2025
Page 12
Michael Gonzalez and Alberto Gonzalez.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. COHEN: I do.
MR. GONZALEZ: I do.
THE COURT REPORTER: Your name?
MR. GONZALEZ: Michael.
THE COURT REPORTER: Gonzalez?
MR. GONZALEZ: Yes.
CHAIRMAN KAUFMAN: Okay. Wade, you want to give us a
little summary on this case before we hear it?
MR. COHEN: Yes, sir. It was a garage conversion without
permits. Mr. Gonzalez was getting less-than-stellar advice from
some folks. He's taken efforts to correct. And as of yesterday, the
permit to address the violations was issued. His wife has kind of
taken control of making sure that we're up to date with what's
happening, and it looks like things are moving forward nicely now.
I think there was just a little confusion on how to address the
issue early on, but Mr. Gonzalez and his family have been nothing
but cooperative, and they want to get the issue addressed. And I
think with a little extension of time, it will be resolved.
CHAIRMAN KAUFMAN: Okay. And you're requesting 90
days?
MR. GONZALEZ: Yeah. He told me 120. I don't know, 90
days.
CHAIRMAN KAUFMAN: Well, it says, "Please provide me
with 90 days."
MR. GONZALEZ: Ninety days, okay.
CHAIRMAN KAUFMAN: Okay. Any comments from the
Board?
August 28, 2025
Page 13
MR. WADE: Yeah. For the record, Wade Cohen, Collier
County Code Enforcement.
I think 90 days should suffice, but possibly 120 would be better
as to ensure that it gets done. As I said, he's been extremely
cooperative, and I don't think they're trying to evade anything.
MR. LETOURNEAU: We have no issues with 120 days if you
guys want to do that.
CHAIRMAN KAUFMAN: Okay. Do you want to make a
motion?
MR. NOELL: Before a motion's made, just for clarity is -- and
I'd ask the investigator, is he in compliance with the first -- there
were two elements that he had -- he had dates on.
MR. COHEN: Yes. He was in compliance almost immediately
with the first element in turning off the electricity and the utilities to
the garage version. So yes, absolutely.
MR. NOELL: Thank you.
CHAIRMAN KAUFMAN: When was it done? When was this
conversion done; do you know?
MR. WADE: I believe he stated that the conversion was done
prior to his purchasing the home.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER FUENTES: Is that accurate? Was the
conversion done before you purchased the property?
MR. GONZALEZ: Um-hmm, yes.
CHAIRMAN KAUFMAN: You're going to have to speak up. I
can't hear you.
MR. GONZALEZ: Oh, yes.
CHAIRMAN KAUFMAN: Okay. So anybody want to make a
motion on this?
BOARD MEMBER FUENTES: I make the motion.
CHAIRMAN KAUFMAN: Go ahead.
August 28, 2025
Page 14
BOARD MEMBER FUENTES: I'll make the motion to grant
the extension of 120 days.
BOARD MEMBER ELROD: Second.
MR. GONZALEZ: Thank you.
CHAIRMAN KAUFMAN: Okay.
MR. COHEN: Very good. Thank you.
BOARD MEMBER FUENTES: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
BOARD MEMBER FUENTES: I'm going to save this seat here
for Tom.
MS. BUCHILLON: Next up we're going to start with
stipulations.
CHAIRMAN KAUFMAN: Okay. Under hearings, first
stipulation, No. 1, CESD20240005086, Sylvia A. Del Sordo and
Nicholas J. Etienne. Sorry.
BOARD MEMBER AYASUN: Etienne.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. OWEN: I do.
MR. ETIENNE: I do.
CHAIRMAN KAUFMAN: Okay. Brian?
MR. OWEN: All right.
August 28, 2025
Page 15
CHAIRMAN KAUFMAN: Do you want to read the stipulation
into the record for us?
MR. OWEN: Yes, sir. Therefore, it is agreed between the
parties that the respondent shall:
Number 1, pay operational costs in the amount of 59.28 incurred
in the prosecution of this case within 30 days of the hearing;
Number 2, abate violations by obtaining all required Collier
County building permits or demolition permits, inspections, and
certificate of completion/occupancy for the structure within 90 days
of this hearing, or a fine of $150 per day will be imposed until the
violation is abated;
Three, the respondent must notify Code Enforcement within 24
hours of abatement of the violation and request the inspector perform
a site inspection to confirm compliance;
Number 4, that if the respondent fails to abate the violation, the
County may abate the violation using any method to bring the
violations into compliance and may use the assistance of the Collier
County Sheriff's Office to enforce the provisions of this agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. Sir, could you state your
name on the microphone?
MR. ETIENNE: Nicholas Etienne.
CHAIRMAN KAUFMAN: Okay. Nicholas, you understand
the stipulation that you agreed to?
MR. ETIENNE: Yes, I do.
CHAIRMAN KAUFMAN: And you think you can get this
done in 90 days?
MR. ETIENNE: Yeah.
CHAIRMAN KAUFMAN: Okay. Anybody want to make a
motion?
BOARD MEMBER ELROD: Make a motion to -- I'll make a
August 28, 2025
Page 16
motion to accept the stipulation as written.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. Good luck.
MS. BUCHILLON: Next stipulation, No. 2,
CESD20230007752, Sergio Ruiz and Yusleidy Torres.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. MARINOS: I do.
CHAIRMAN KAUFMAN: Invisible man.
MR. MARINOS: They had to go to work, so they signed it and
then took off.
CHAIRMAN KAUFMAN: Okay. Do you want to read this stip
into the record for us?
MR. MARINOS: Yes, sir.
For the record, Investigator Charles Marinos, Collier County
Code Enforcement.
Therefore, it is agreed between the parties that the respond shall:
One, pay operational costs in the amount of $59.28 incurred in
the prosecution of this case within 30 days of this hearing;
Two, abate all violations by obtaining all required Collier
August 28, 2025
Page 17
County building permits or demolition permit, inspections, and
certificate of completion/occupancy for the unpermitted pool cabana
within 180 days of this hearing, or a fine of $100 per day will be
imposed until the violation is abated;
Three, respondent must notify Code Enforcement within 24
hours of abatement of the violation and request the investigator
perform a site inspection to confirm compliance;
And 4, that if the respondent fails to abate the violation, the
County may abate the violation using any method to bring the
violation into compliance and may use the assistance of the Collier
County Sheriff's Office to enforce the provisions of this agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. I have one question.
MR. MARINOS: Yes, sir.
CHAIRMAN KAUFMAN: One hundred and eighty days --
MR. MARINOS: Yes, sir.
CHAIRMAN KAUFMAN: -- is, like, six months, for a cabana?
MR. MARINOS: So this case began with three separate
structures. They, within 60 days, had permits for two of the three
structures. The last one being the pool cabana having an installed
bathroom was a little more complicated.
They hired a permit resolution company, one ASSA Permitting
with Octavio Sarmiento, and, therefore, they are basically starting
over quite a bit of it from scratch, but they are pretty far in the
process.
CHAIRMAN KAUFMAN: Okay. You said the secret word.
BOARD MEMBER ELROD: I make a motion to accept the
stipulation as written.
BOARD MEMBER FUENTES: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
August 28, 2025
Page 18
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: I have to fix my hair. Okay. I'll
just nail it down.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thanks, Jeff.
BOARD MEMBER FUENTES: I got a nice picture of you right
here.
CHAIRMAN KAUFMAN: Am I better?
BOARD MEMBER AYASUN: Always.
BOARD MEMBER FUENTES: Real charmer.
MS. BUCHILLON: Next stipulation, No. 4,
CESD20240011507, Mi Casa Bonita Investment Group, LLC.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MS. PEREZ: Yes, I do.
Good morning. For the record, Cristina Perez.
BOARD MEMBER FUENTES: Good morning.
CHAIRMAN KAUFMAN: Good morning. We see you have
August 28, 2025
Page 19
another invisible respondent.
MS. PEREZ: Yes.
CHAIRMAN KAUFMAN: Do you want read the --
MS. PEREZ: I'll read into the record --
CHAIRMAN KAUFMAN: -- stipulation into the record?
Yeah.
MS. PEREZ: Yes. The stipulation was signed by Lucero Luna,
who is the registered agent of Mi Casa Bonita Investment Group,
LLC.
So it is agreed between the parties that the respondent shall:
One, pay operational costs in the amount of $59.28 incurred in
the prosecution of this case within 30 days of this hearing;
Two, pay all -- abate all violations by obtaining all required
Collier County building permits or demolition permit, inspections,
and certificate of completion or occupancy for the unpermitted
structure -- structural alterations, additions, enclosure of carports,
replacement and addition of windows and doors, installation of a
minimum of five mini-splits, electrical roof modifications within 120
days of this hearing, or a fine of $200 per day will be imposed until
the violation's abated;
Three, shut off all unpermitted electrical power source to the
unpermitted alterations and additions, enclosed carports, and the five
mini-split units, and it is to remain off until such time that a -- that is
validated to be safe with a licensed electrician's report of inspection,
or a valid building permit or demolition permit and related
inspections within 24 hours of this hearing, or a fine of $200 per day
will be imposed until that violation's abated;
Number 4, the respondent must notify Code Enforcement within
24 hours of abatement of the violation and request the investigator
perform a site inspection to confirm compliance; and,
Five, that if the respondent fails to abate the violation, the
August 28, 2025
Page 20
County may abate the violation using any method to bring the
violation into compliance and may use the assistance of the Collier
County Sheriff's Office to enforce the provision of this agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: It seems like there's a lot of work to
be done yet.
MS. PEREZ: There is.
CHAIRMAN KAUFMAN: And you think that the 120 days is
sufficient time, or that's what they agreed to?
MS. PEREZ: Yeah, it's what they agreed to. They have been
working with a consulting company and permitting company,
surveyors, engineering group to be able to -- to get the permits that
they need.
CHAIRMAN KAUFMAN: Okay. This is going to be to
completion, though, to CO?
MS. PEREZ: Yes, yes. They purchased the property with an
open code case that had not been adjudicated. So when they
purchased the property, there was a new case opened in their name,
so they were fully aware of what they were getting themselves into
with the violations.
CHAIRMAN KAUFMAN: Okay. Great.
BOARD MEMBER ELROD: I'll make a motion to accept the
stipulation as written.
BOARD MEMBER AYASUN: Second.
BOARD MEMBER FUENTES: Second.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
August 28, 2025
Page 21
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you.
MS. BUCHILLON: Next stipulation, No. 7,
CESD20250006441, Olszewski Revocable Trust.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. OLSZEWSKI: I do.
MR. OWEN: I do.
CHAIRMAN KAUFMAN: Good morning, Brian.
MR. OWEN: Good morning, sir.
BOARD MEMBER FUENTES: Good morning.
CHAIRMAN KAUFMAN: Sir, could you state your name on
the microphone for us, please.
MR. OLSZEWSKI: Yes. It's Edward Olszewski.
CHAIRMAN KAUFMAN: Okay. And would you read this
stipulation into the record for us, please.
MR. OWEN: Therefore, it is agreed between the parties the
respondent shall:
One, pay operational costs in the amount of $59.28 incurred in
the prosecution of this case within 30 days of this hearing;
Two, abate all violations by obtaining all required Collier
County building permits and demolition permits for the structure,
inspections, and certificate of completion to permit the garage
conversion into a living space or return to the originally permitted
condition in 120 days or -- 120 days of this hearing, or a fine of $200
a day will be imposed until the violation is abated;
Three, cease and desist the use of unpermitted garage conversion
and disconnect all unpermitted utilities until a valid permit/inspection
August 28, 2025
Page 22
of certificate of completion/occupancy has been issued within seven
days of this hearing, or a fine of $200 per day will be imposed until
the violation is abated.
Respondent must notify Code Enforcement within 24 hours of
abatement of the violation and request the investigator perform a site
inspection to confirm compliance.
Number 5, that if the respondent fails to abate the violation, the
County may abate the violation using any method to bring the
violation into compliance and may use the assistance of the Collier
County Sheriff's Office to enforce the provisions of this agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. Sir, is that sufficient time to
get everything done?
MR. OLSZEWSKI: It should be. I'm not sure about how long it
takes to, you know, get a contractor and get them out there and do
what needs to be done, but I'm going to try my best to get it done in
the 120 days, so...
CHAIRMAN KAUFMAN: Okay. If you can't, I suggest that
you come back prior to that --
MR. OLSZEWSKI: Right.
CHAIRMAN KAUFMAN: -- and ask for sufficient time.
MR. OLSZEWSKI: Right. Right. Sure. Yep.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: I'll make a motion to accept the
stipulation as written.
BOARD MEMBER FUENTES: Second.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
August 28, 2025
Page 23
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. OLSZEWSKI: Thank you.
CHAIRMAN KAUFMAN: Did you have something else you
wanted to say, Brian?
MR. OWEN: Negative, sir.
MS. BUCHILLON: Next stipulation, No. 9,
CESD20250001575, Jonathan Turner and Olivia M. Turner.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. KITTS: Yes, I do.
CHAIRMAN KAUFMAN: And we have another invisible
respondent.
MR. KITTS: Yes. Mr. and Mrs. Turner were unable to make it
today.
CHAIRMAN KAUFMAN: Okay. You discussed this with
them?
MR. KITTS: I did.
CHAIRMAN KAUFMAN: Okay. Do you want to read the
stipulation into the record for us, please?
MR. KITTS: Yes. The stipulation was signed by Jonathan
Turner, the property owner.
Therefore -- oh, for the record, Ryan Kitts, Collier County Code
Enforcement.
Therefore, it is agreed between the parties that the respondent
shall:
Pay operational costs in the amount of $59.42 incurred in the
prosecution of this case within 30 days of this hearing;
August 28, 2025
Page 24
Number 2, abate all violations by obtaining all required Collier
County building permits or demolition permit, inspections, and
certificate of completion or occupancy for the unpermitted
installation of two electrical recessed lights and drywall within 120
days of the hearing, or a fine of $200 per day will be imposed until
the violation is abated;
Number 3, respondent must notify Collier County Code
Enforcement within 24 hours of abatement of the violation and
request the investigator perform a site inspection to confirm
compliance.
Number 4, that if the respondent fails to -- fails to abate the
violation, the County may abate the violation by using any method to
bring the violation into compliance and may use the assistance of the
Collier County Sheriff's Office to enforce the provisions of this
agreement, and all costs of abatement shall be assessed to the
property owner.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: I'll make a motion to accept the
stipulation as written.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. KITTS: Thank you.
August 28, 2025
Page 25
CHAIRMAN KAUFMAN: Are you new, Ryan?
MR. KITTS: I'm newer, yes.
CHAIRMAN KAUFMAN: Okay.
MR. KITTS: I've been up here a couple times, but...
CHAIRMAN KAUFMAN: Okay.
MR. KITTS: But yes, definitely newer.
BOARD MEMBER FUENTES: Newer than new.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER AYASUN: Thank you.
CHAIRMAN KAUFMAN: Thank you. Unless you're No. 12
also.
MR. KITTS: I am not, no.
BOARD MEMBER FUENTES: It's going to be Brian again.
MS. BUCHILLON: And our last stipulation, No. 12,
CESD20240006181, 895 24th Avenue Annex, LLC.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. OWEN: I do.
MS. BARNES: I do.
CHAIRMAN KAUFMAN: Could you state your name on the
microphone for us, please?
MS. BARNES: Lisa Barnes.
CHAIRMAN KAUFMAN: Okay, Lisa. Thank you.
MR. OWEN: Ms. Lisa is the registered agent for this LLC.
CHAIRMAN KAUFMAN: Do you want to read the stip into
the record for us, Brian?
MR. OWEN: Therefore, it is agreed between the parties the
respondent shall:
Number 1, pay operational costs in the amount of 59.28 incurred
in the prosecution of this case within 30 days;
August 28, 2025
Page 26
Abate all violations by obtaining all required Collier County
right-of-way permits, inspections, and certificate of
completion/occupancy for the driveway, entrance/culvert within 60
days of this hearing, or a fine of $200 per day will be imposed until
the violation is abated;
Three, respondent must notify Code Enforcement within 24
hours of abatement of the violation and request the investigator
perform a site inspection to confirm compliance;
Number 4, that if the respondent fails to abate the violation, the
County may abate the violation using any method to bring the
violation into compliance and may use the assistance of the Collier
County Sheriff's Office to enforce the provisions of this agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. Any problems, Lisa?
MS. BARNES: Pardon?
CHAIRMAN KAUFMAN: And problems with the time frame
on this?
MS. BARNES: No.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: I'll make a motion to accept the
stipulation as written.
BOARD MEMBER FUENTES: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
August 28, 2025
Page 27
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you, Brian.
Thank you, Lisa.
MS. BARNES: Thank you.
CHAIRMAN KAUFMAN: And that takes care of that.
Where do you want to go from here?
MS. BUCHILLON: Next up, still under public hearings,
hearings, No. 8, CESD20250005901, Paul Alcimeus and Luciennie
Mentor.
CHAIRMAN KAUFMAN: Is this Wade's case?
BOARD MEMBER AYASUN: Yeah, wade.
MR. IANDIMARINO: Yes, it is, sir. And they were out in the
hallway talking. I think they're walking in right now. Thank you.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: We're going to go on to the next one
because they're still discussing a stipulation out there.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: Still under hearings, next case would be
No. 10, CENA20240007813, James L. Baker Estate and Steve Baker
Estate. This is the one that has the two speakers.
CHAIRMAN KAUFMAN: Right. Okay.
MR. BAKER: One at a time? One at a time, or can we both
stand at the podium?
CHAIRMAN KAUFMAN: You can both stand there. Why
don't you give us your names on the microphone.
MR. BAKER: Steve Baker, Jr.
MS. CROWLEY: Morgan Crowley.
CHAIRMAN KAUFMAN: Okay. And we have slips for both
of you.
MR. BAKER: Yes.
MS. CROWLEY: Yes.
August 28, 2025
Page 28
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. OWEN: I do.
MR. BAKER: I do.
MS. CROWLEY: I do.
CHAIRMAN KAUFMAN: Well, do you want to give us a little
summary?
MR. OWEN: I would love to give you a summary.
For the record, Brian Owen, Collier County Code Enforcement.
This is in reference to Case No. CESD20240007813 dealing
with violations of Collier County Land Development Code, as
amended, Section 1.04.1(A) and Section 2.02.03, litter and/or
prohibited outside storage upon or throughout the property located at
1767 Acremaker Road, Naples, Florida 34120. Folio 192840000.
Service was given on December 10th, 2024.
Case CESD20240007813 was open on August 16th, 2024, for a
complaint for trash/litter and outside storage. Investigator Migal
made his initial inspection on August 21st, 2024. Investigator Migal
was unable to make contact during this inspection. He left an orange
door tag with a business card and a requested to call to schedule an
inspection.
CHAIRMAN KAUFMAN: Let me just stop you one second.
You said 2024?
MR. OWEN: That is correct, sir, 2024.
BOARD MEMBER FUENTES: A year ago.
CHAIRMAN KAUFMAN: Yeah.
MR. OWEN: I made another attempt at contacting the property
owner on December 10th, 2024. From a legal vantage point I could
see an accumulation of trash/litter and outside storage. Notice of
violation was prepared and served on this day.
August 28, 2025
Page 29
During reinspection of the property, it appeared that there was
no reduction of the trash/litter and outside storage.
BOARD MEMBER FUENTES: Brian, I'm sorry to interrupt
you. Was there ever any communication back given towards you, or
this attempt that you made was --
MR. OWEN: We started making contact after I had to reissue
due to a clerical error, so I'm getting to that part of my presentation
now.
BOARD MEMBER FUENTES: Okay.
MR. OWEN: So notice was -- a notice of violation was reissued
due to a clerical error. This notice of violation was observed [sic] on
May 14th, 2025. Me and Mr. Baker discussed the case and what was
needed to be in compliance.
On July 23rd, 2025, I conducted a reinspection and noticed no
change. The property -- the trash and litter outside storage situation
was the same, and the case was prepared for a hearing.
On August 27th, 2025, during my prehearing inspection, some
improvement has been done, but there is still some trash and litter
and outside storage that needs to be addressed.
And then for -- I have a couple photos from my December 10th
inspection, one deed proving ownership, and four photos taken by me
yesterday, August 27th, showing some improvement.
CHAIRMAN KAUFMAN: Has the respondent seen the
photos?
MR. OWEN: They are not the respondent. They are just
speakers.
CHAIRMAN KAUFMAN: Okay. Then -- yeah, their names
are the same. I'm a little confused.
MR. OWEN: So the deed is in his grandpa and dad's name. Mr.
Steve Baker here is not a legal entity of this property.
CHAIRMAN KAUFMAN: Okay. I gotcha. All right. Before
August 28, 2025
Page 30
you --
MR. BAKER: Oh, sorry. Go ahead.
BOARD MEMBER FUENTES: Photos.
CHAIRMAN KAUFMAN: Yeah. We need a motion from the
Board to accept the photos.
BOARD MEMBER FUENTES: Make a motion to accept the
photos.
BOARD MEMBER AYASUN: So moved.
BOARD MEMBER ELROD: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Is there any particular reason, by the way, that the respondent is
not here?
MR. OWEN: Both the respondents are deceased, sir.
CHAIRMAN KAUFMAN: That's a good reason.
MR. BAKER: Yeah.
CHAIRMAN KAUFMAN: Okay.
MR. NOELL: Can we just quickly go into how the notice was
provided?
MS. BUCHILLON: Respondent was notified regular and
certified mail August 11, 2025, and it was also posted at the property
and courthouse August 11, 2025.
CHAIRMAN KAUFMAN: Okay.
August 28, 2025
Page 31
MR. OWEN: So on December 10th, we see some vans. Past
the van, you'll see some outside furniture, some other entities,
random accumulation of some items. Immediately out front, a tire, a
boat, a kayak's hidden way over here in the corner, so on and so forth.
And then yesterday the kayak is present, but a lot of that stuff
immediately in the front of the property has been cleaned up and/or
moved.
Don't know why that one didn't work. And then here we have a
view through Mr. Baker's gate of some random outside storage of
stuff that should be probably inside an enclosed building.
MR. LETOURNEAU: What day is that picture from?
MR. OWEN: That is from yesterday, sir.
MR. LETOURNEAU: Thanks.
MR. OWEN: And then there's an additional building. I've been
told this is a tractor-trailer that the original owner had brought onto
the property for storage purposes. And this probably has some good
amount of stuff in it as well.
CHAIRMAN KAUFMAN: Okay.
MR. OWEN: And then our deed is a quitclaim deed, and this is
currently being attested [sic] in our court system by Mr. Baker's aunt.
CHAIRMAN KAUFMAN: Okay. Well, it's hard for them to
respond to this since they're both gone.
MR. OWEN: But I did want Mr. Baker, who is residing on the
property, to be here today as a public speaker to attest to, you know,
what's going on, because he may wind up with direct relation to this
property once things are figured out.
CHAIRMAN KAUFMAN: Okay. Mr. Baker.
MR. BAKER: Yeah. So I was waiting for, you know, probate
to happen, and then I got hit with a curveball. My aunt's suing us
after 30 years because that deed that you saw on there, that 2005
deed, says, "For love and affection," and she's trying to contest that.
August 28, 2025
Page 32
So I was -- I was led to believe that the fines would accrue to me
instead of the property.
So, yes, both -- that trailer that you saw there has probably been
there since '87, 1987. There is another one in the backyard. But my
financial situation, you know, I would like it to be in my ownership
in order to even take a loan out to clear the property to -- so, yeah.
CHAIRMAN KAUFMAN: So you'd have ownership at that
time?
MR. BAKER: Yes --
CHAIRMAN KAUFMAN: And then you'll take --
MR. BAKER: -- I would have ownership at that time to go
ahead and clean up and --
CHAIRMAN KAUFMAN: Okay.
MR. BAKER: -- move forward.
CHAIRMAN KAUFMAN: I understand.
MR. OWEN: Mr. Chair, just -- Mr. Chair, just so you're aware,
this 2005 deed and another deed are being challenged by the aunt,
and then once that legal process has occurred, this property very well
could wind up in probate to figure out the lineage and ownership of it
as well.
BOARD MEMBER FUENTES: I'm assuming having a code
case against it isn't going to help, though. It's not going to look good.
MR. BAKER: No. Okay.
MS. CROWLEY: We basically inherited the mess, and we've
been trying to get it cleaned up.
MR. BAKER: So I have taken --
BOARD MEMBER FUENTES: How long have you guys lived
there for?
MR. BAKER: My father passed away eight years ago. My son
was in the hospital in Miami for three years, so...
MS. CROWLEY: So we weren't there.
August 28, 2025
Page 33
MR. BAKER: So I didn't live there for three years. He passed
away a year, year and a half ago.
MS. CROWLEY: Our son.
MR. BAKER: Our son. So I wasn't there for three years of the
time.
CHAIRMAN KAUFMAN: So you're aware of the situation.
And what it sounds like to me --
MR. BAKER: Yeah.
CHAIRMAN KAUFMAN: -- is you need enough time to have
this case get through the courts --
MR. BAKER: Yes.
CHAIRMAN KAUFMAN: -- and find out who's the legal
owner.
MR. BAKER: So I called him the day -- the Thursday,
whenever, or -- of -- I don't have days, but he came out Monday and
has put the -- I called him on Thursday saying, "Hey, maybe we
could put a stop to this whole hearing thing because of -- she's seeing
me," because I can't go into probate, and next thing you know,
Monday morning he was at my gate --
CHAIRMAN KAUFMAN: Okay.
MR. BAKER: -- with this hearing.
CHAIRMAN KAUFMAN: Okay.
MR. BAKER: With this --
MS. CROWLEY: But that's okay.
CHAIRMAN KAUFMAN: The hearing doesn't help the courts
when they get finished deciding who the property belongs to.
MR. BAKER: Because they might get me for --
CHAIRMAN KAUFMAN: Let me ask --
MR. BAKER: -- living there and litter.
CHAIRMAN KAUFMAN: -- our attorney -- let me ask our
attorney, we can -- I mean, one of the things that's on all of our cases,
August 28, 2025
Page 34
that if you can't clean it, it can be referred to somebody else to clean
it and that that cost would be on the property.
MR. NOELL: I think one of the, obviously, glaring issues is
whether a personal representative has been appointed yet for the
estate. Do you know if that's been done in this case?
MR. BAKER: No.
MS. CROWLEY: We have a lawyer.
MR. BAKER: There was a title loan -- oh, I'm sorry. Were you
asking about a lawyer?
MR. NOELL: No. I'm asking for a personal representative.
MR. BAKER: Okay. No. So the -- there was a title loan
company that started calling all my family members, 12 different
family members. So it might even reside with them after this suing is
over with. So everybody wants their hand in it.
MR. NOELL: When you said that there's -- there's litigation
going on now or there's a lawsuit that's been filed --
MR. BAKER: Yes.
MR. NOELL: -- who's -- who's -- can I see that document,
please?
I would -- I mean, at this point -- because one of the -- one of the
issues would be proper notice. And so if -- I don't know if a personal
representative has been set up for the estate in this case or the status
of that, but that would be -- that would be a question that I would
need to research to get the correct -- to make sure I had the correct
advice for this board.
I would -- for me, I would recommend probably continuing this
for 30 days, and then I can come back with more advice for the
Board, because this is an outlier issue that we -- that I don't think's
been before us before in the context of these facts.
And so I want to make sure that if there is a personal
representative of the estate signed up, I want to make sure that they
August 28, 2025
Page 35
have proper notice of this hearing, and if there's not, then I want to be
able to advise the Board on who should get notice, and notice may be
proper how it was provided, because there's certainly no affirmative
obligation on behalf of the county or anyone else to get someone's
estate in order. But that would be a big consideration is if there's a
personal representative already signed up.
Because if we're in litigation, then that would be something that
those attorneys would have researched to make sure everyone was
noticed appropriately.
So I would advise the Board, continue this matter for another 30
days, and then I can come back with further legal counsel on it after
I've done research.
CHAIRMAN KAUFMAN: Do you want to do that, or do you --
Jeff, would you consider pulling it and putting it back when the
County has the advice of our attorney?
BOARD MEMBER FUENTES: Tom's going to speak, I
believe.
MR. IANDIMARINO: Mr. Chairman, if I may, Tom
Iandimarino, director.
I think because we've heard some evidence already, a
continuance, as your counsel has advised, might be the best choice.
The property still needs to have some clean -- quite a bit of
cleanup on it. I think you're fully aware of that.
MR. BAKER: Yes.
MS. CROWLEY: Yes.
MR. IANDIMARINO: So in this 30 days, it doesn't mean that
you don't have to continue cleaning up.
MR. BAKER: Okay.
MS. CROWLEY: No. We've been doing it every weekend.
BOARD MEMBER FUENTES: And I don't think it's going to
help them either. I really think that if it came to deciding which
August 28, 2025
Page 36
members gets it and it shows that somebody's been mistreating the
property, it's not going to look good on you guys.
MR. BAKER: Okay.
MS. CROWLEY: Right, but we're not mistreating it. We're
cleaning it up from the mess that we inherited.
BOARD MEMBER FUENTES: But remember, eight years is a
long time.
MS. CROWLEY: No, I understand that, and then we dealt
with -- four years with our son in the hospital. He was born with half
a heart. So we weren't here. We were over in Miami and in --
BOARD MEMBER FUENTES: Remember that you have
people trying to fight you for these things.
MS. CROWLEY: I understand that.
BOARD MEMBER FUENTES: So they're not going to -- you
know, just keep that in mind.
MS. CROWLEY: They're not helping either.
CHAIRMAN KAUFMAN: Let me just start out with -- I don't
know that we can determine whether a violation exists now or not.
MR. NOELL: And that's why I would continue -- this board can
continue the hearing. It's already -- as the director had correctly
pointed out, you've taken evidence. And so at this point, it's
essentially just hitting a pause button on the hearing, and when they
come back next month, we'll pick up where we left off.
CHAIRMAN KAUFMAN: So do you want to make a motion
to --
BOARD MEMBER ELROD: Do you think a month is
sufficient?
MR. NOELL: As far as for me, I would be able to complete my
research to be able to advise the Board, but if the consideration is
maybe these folks will, you know, get into compliance within 60 or
90 days and then the Board, you know, would be considering
August 28, 2025
Page 37
something different, that's certainly up to the Board's discretion.
CHAIRMAN KAUFMAN: I would think a continuation for 60
days might be proper.
BOARD MEMBER ELROD: I'll make that motion for 60 days.
CHAIRMAN KAUFMAN: Okay. We have a motion.
BOARD MEMBER RUBENSTEIN: I'll second.
CHAIRMAN KAUFMAN: And a second. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. BAKER: Thank you.
CHAIRMAN KAUFMAN: So the next 60 days --
BOARD MEMBER ELROD: But you have the 59.28 within 30
days.
CHAIRMAN KAUFMAN: Well, it's not for them.
BOARD MEMBER ELROD: Oh, that's true. It's not for them.
CHAIRMAN KAUFMAN: That's right.
BOARD MEMBER ELROD: Don't know who that is.
Somebody.
BOARD MEMBER FUENTES: Would that be recommended,
or should they pay it? Because if it goes to that route, it's going to
have a lien of past payment.
MR. BAKER: Yeah, I'll pay it.
BOARD MEMBER FUENTES: If they don't pay that
operational cost today or within 30 days and they come before the
Board again, there's no operational costs that would have been paid.
August 28, 2025
Page 38
MR. NOELL: Yeah. Well, if the Board hasn't ordered
operational costs as part of -- as part of their order, then there's no
operational costs to be paid. The one thing I would ask is if the
Board's going to continue it for 60 days, then they would also make a
motion to extend that compliance deadline because, to your point, sir,
that would be a real consideration is that the notice of violation date
passed, and we have fines accruing, and then we have these outlier
legal issues. So in addition to the continuance of this hearing, if the
Board would extend that compliance deadline for 60 days, that
would -- that would probably be appropriate.
CHAIRMAN KAUFMAN: Is that part of your motion?
BOARD MEMBER ELROD: Yes, sir, it certainly is.
CHAIRMAN KAUFMAN: Okay. So --
BOARD MEMBER FUENTES: Make a motion to extend the
compliance deadline by another 60 days.
CHAIRMAN KAUFMAN: Yes. Okay. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Good luck.
MR. BAKER: Thank you.
MS. BUCHILLON: So we are doing the 59.28?
MR. NOELL: No.
MS. BUCHILLON: Okay. I just want to make sure.
CHAIRMAN KAUFMAN: Do you have any other complicated
cases we could hear?
August 28, 2025
Page 39
MS. BUCHILLON: I don't know.
Next up, we actually have a change to the agenda. It's the case
we called before, which they stipulated. Number 8,
CESD20250005901, Paul Alcimeus and Luciennie Mentor.
CHAIRMAN KAUFMAN: Sir, could you state your name on
the mic for us, please. Your name.
MR. ALCIMEUS: Oh, my name is Paul Alcimeus.
CHAIRMAN KAUFMAN: Okay. I see Paul A-l-c-i-m-e-l-s
[sic]; is that right?
BOARD MEMBER AYASUN: Alcimeus.
CHAIRMAN KAUFMAN: Okay. Wade, are you ready?
THE COURT REPORTER: I need to swear them in.
Do you swear or affirm the testimony you will give will be the
truth, the whole truth, and nothing but the truth?
MR. COHEN: I do.
MR. ALCIMEUS: I do.
CHAIRMAN KAUFMAN: Okay. If you would, read the
stipulation into the record for us.
MR. COHEN: Yes, sir. For the record, Wade Cohen, Collier
County Code Enforcement.
Therefore, it is agreed between the parties that the respondent
shall:
Number 1, pay operational costs in the amount of $59.28
incurred in the prosecution of this case within 30 days of this hearing;
Number 2, shall abate all violations by obtaining all required
Collier County permits, inspections, and certificates of completion or
occupancy for the bathroom and exterior remodeling within 120 days
of this hearing, or a fine of $150 per day will be imposed until the
violation is abated;
Number 3, the respondent must notify Code Enforcement within
24 hours of abatement of the violation and request the investigator
August 28, 2025
Page 40
perform a site inspection to confirm compliance; and,
Number 4, that if the respondent fails to abate the violation, the
County may abate the violation using any method to bring the
violation into compliance and may use the assistance of the Collier
County Sheriff's Office to enforce the provisions of this agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. Sir, you solved this problem
out in the hallway, I assume. Do you think that the 120 days will
give you enough time to get everything done?
MR. ALCIMEUS: Yes.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: I'll make a motion to accept the
stipulation as written.
BOARD MEMBER FUENTES: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
BOARD MEMBER FUENTES: Nay -- sorry. Second, aye.
CHAIRMAN KAUFMAN: He's confused. Okay. It passes.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: He's in a different time zone here, I
think.
August 28, 2025
Page 41
Okay, thanks, Wade.
MR. COHEN: Thank you.
CHAIRMAN KAUFMAN: Thank you, sir.
All right. Helen?
MS. BUCHILLON: Next up, under old business, B, motion for
imposition of fines and liens. Number 1, CESD20210013130,
Fairway Preserve at Old Cypress A Condominium.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. MOORE: I do.
MR. MIGAL: I do.
CHAIRMAN KAUFMAN: Good morning.
MR. MOORE: Good morning.
CHAIRMAN KAUFMAN: Could you state your name on the
microphone for us, please.
MR. MOORE: Arthur Moore, property manager for Fairway
Preserve Condominiums.
CHAIRMAN KAUFMAN: There's a lot of writing here
because there are a lot of carports.
BOARD MEMBER FUENTES: Carports.
CHAIRMAN KAUFMAN: Yeah. Rickey?
MR. MIGAL: Past orders: On August 22nd, 2025, the Code
Enforcement Board issued a finding of fact, conclusion of law and
order. The respondent was found in violation of the referenced
ordinances and ordered to correct the violation. See the attached
order of the Board, OR6419, Page 3197, for more information.
On April 24th, 2025, the Code Enforcement Board granted a
continuance. The violation has been abated as of May 21st, 2025.
Fines have accrued at a rate of $250 per day for the period from
February 19th, 2025, to May 21st, 2025, or 92 days, for a total fine
August 28, 2025
Page 42
amount of $23,000.
Previously assessed operational costs of $59.28 and $59.42 have
been paid. Operational costs for today's hearing is $59.70.
The total amount is $23,059.70.
This was not a health-and-safety issue, and the 16 separate
permits, one for each carport, were finaled.
Any previous violations: No.
And there are no other relevant factors.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER FUENTES: All right. I'll make a motion.
CHAIRMAN KAUFMAN: Hold on one second. Do you have
anything you'd like to say on this case?
MR. MOORE: I just -- on behalf of the condominium
association, I'm asking for some help with this fine amount.
A very brief history is that the original violation was on
electrical, which had been corrected in 2022, I believe, but then it got
tied into the rest of the carports, which we had an issue with footers.
We tried to hire a contractor, who ended up not doing much of
anything. I ultimately took it on. I didn't fully understand the
stipulation deadline, which is why we rolled into a fine.
We did get it resolved. Ultimately, the County decided that the
footers didn't need an inspection, and it was plain sailing after that,
but it took us that long.
But as I said, the original violation was taken care of in 2022. It
just had to just -- it ended up being with the other permits. But, as
indicated, it is all now taken care of because I just had to go down
and beg, borrow, plead. Eventually somebody reasonable helped me
out at the County.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER FUENTES: I'm a reasonable guy. I'll make
a motion.
August 28, 2025
Page 43
MR. MOORE: I'm a little concerned it might come out of my
fee, my management fee, if it's this high.
BOARD MEMBER FUENTES: All right. I'll make a motion
that today's operational costs of 59.70 do have to get paid within 30
days.
MR. MOORE: Yes, sir.
BOARD MEMBER FUENTES: Okay. I'm also going to deny
or reduce the County's fines from 23,000, that big number -- we're
going to reduce that down to 10 percent, so we'll do $2,300 that need
to get paid within 30 days as well, okay?
MR. MOORE: That seems reasonable. Thank you.
BOARD MEMBER FUENTES: Thank you.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: It passes 3-2. Okay.
MR. MOORE: Thank you very much. I do appreciate your
time.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: Next case, we are still under motion for
imposition of fines and liens.
CHAIRMAN KAUFMAN: Yes.
MS. BUCHILLON: Number 2, CESD20230005772, Jose
Martinez.
THE COURT REPORTER: Do you swear or affirm you will
August 28, 2025
Page 44
translate everything from English into Spanish and Spanish into
English to the best of your ability?
MS. ALCANTAR: Yes, I do.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. MUCHA: I do.
MR. MARTINEZ: Yes.
CHAIRMAN KAUFMAN: So if I understand this, we have an
interpreter for the respondent?
THE COURT REPORTER: Yes.
CHAIRMAN KAUFMAN: And could you state your full
names on the microphone for us, please.
MS. ALCANTAR: Maria Alcantar.
MR. MARTINEZ: Jose Martinez.
CHAIRMAN KAUFMAN: Okay. I know him.
Joe, do you want to read this into the record for us?
MR. MUCHA: Yes, sir. For the record, Joseph Mucha,
manager of Code Enforcement.
Past orders: On October 24th of 2024, the Code Enforcement
Board issued a finding of fact, conclusion of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR6417, Page 366, for more information.
On January 23rd of 2025 the Code Enforcement Board granted a
continuance.
The violation has not been abated as of August 28th of 2025.
Fines and costs to date are as follows: Fines have accrued at a
rate of $200 per day for the period from December 24th of 2024 to
August 28th of 2025, for 248 days, for a total fine amount of
$49,600. Fines continue to accrue.
August 28, 2025
Page 45
Previously assessed operational costs of $59.28 have been paid.
Operational costs for today's hearing is $59.49. For a total amount of
$49,659.49.
CHAIRMAN KAUFMAN: Okay. My question to the
respondent is, is there some reason that this is still an open case?
MR. IANDIMARINO: Please speak into the microphone.
BOARD MEMBER FUENTES: He will need to speak into the
mic.
MS. ALCANTAR: He understands your question. May I
continue with the answer? We've already discussed this prior to this
hearing.
CHAIRMAN KAUFMAN: Sure.
MS. ALCANTAR: So yes, there is a reason. We are working
on the SIP, and the SIP is very lengthy. It has to go through several
departments to get the proper code approval. We have had a few
complications or, really, a hard resolution on how to permit the two
structures.
And we've come to a conclusion that they will be applying for a
demo permit; however, that does take some time. But we are still
working on the SIP. I believe the last communication was Rob [sic]
Bellows with meeting the setbacks, and the container is not meeting
those setbacks. So we've concluded that they will be reducing the
container and then moving it from the other structure so that it could
meet those setbacks.
And then again, the SIP goes into review. And once we have
that approved SIP, then we can move forward to issue -- or apply for
a demo permit and then apply to permit the two structures.
So we are seeing the light at the end of the tunnel, if you will,
but it is a very lengthy process.
CHAIRMAN KAUFMAN: Well, the Board -- this is -- has not
been abated. So the Board has two choices, impose the fine or, if
August 28, 2025
Page 46
there was reason enough to extend the time where this could be heard
again, that's the point we're at right now.
MS. ALCANTAR: We would like to request for the extension
of time for a good six months. We have determined that by reducing
the container and moving the container 10 feet away from the other
structure will give the code. So by doing that, we would be in
compliance, and they will be abating this whole situation. But for
that --
CHAIRMAN KAUFMAN: If we were hearing this case a
month after this or two months after this, it's one thing, but this has
been going on for so -- 248 days. The time to do that was before. So
I'm not inclined to grant any more time. Not six months, that's for
sure. But let's see what my fellow board members have up their
sleeves.
BOARD MEMBER FUENTES: Make a motion.
CHAIRMAN KAUFMAN: I'll make a motion we impose the
fine.
BOARD MEMBER AYASUN: Yeah.
BOARD MEMBER RUBENSTEIN: I'll second.
CHAIRMAN KAUFMAN: Okay. Any other comments?
(No response.)
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second to impose the fine. All those in favor?
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
BOARD MEMBER ELROD: Aye.
MR. NOELL: Is there operational costs?
CHAIRMAN KAUFMAN: Operational costs of 59.49 to be
August 28, 2025
Page 47
paid within 30 days.
MS. BUCHILLON: Fines continue to accrue.
CHAIRMAN KAUFMAN: Okay. Yes.
BOARD MEMBER RUBENSTEIN: I have a question -- I have
a question for you. Was this refrigerated trailer supporting a
restaurant right on the adjoining property, if I remember?
MS. ALCANTAR: I believe so, yes.
BOARD MEMBER RUBENSTEIN: Is it still doing so?
MS. ALCANTAR: I believe so.
BOARD MEMBER RUBENSTEIN: So nothing's been done to
abate this?
MS. ALCANTAR: Well, they did hire the engineer for the SIP
to figure out if they had the correct, you know, setback and to permit
the two structures. So they have been working on it.
I've been in communication with Jeff as well by phone calls and
some emails letting him know how the SIP review has been going.
And there have been several approved, you know, within the
SIP, but not everything. So that kind of, you know, stalls the time to
push back review and resubmit, and every time you resubmit the SIP,
it goes back into review. So they've been trying. They've invested
money. But it's not something that can be done --
BOARD MEMBER RUBENSTEIN: Yeah, I remember this
case from last year and --
MS. ALCANTAR: Yes.
CHAIRMAN KAUFMAN: It's out of our hands now.
BOARD MEMBER RUBENSTEIN: Excuse me?
CHAIRMAN KAUFMAN: It's out of our hands.
BOARD MEMBER RUBENSTEIN: Yeah.
CHAIRMAN KAUFMAN: We impose it, so it doesn't even
come back to us again.
BOARD MEMBER RUBENSTEIN: Okay. Thank you.
August 28, 2025
Page 48
CHAIRMAN KAUFMAN: Thank you.
You okay, Terri, or --
THE COURT REPORTER: (Nods head.)
CHAIRMAN KAUFMAN: Okay. Next.
MS. BUCHILLON: Next, we are still under motion for
imposition of fines and liens.
CHAIRMAN KAUFMAN: Yes.
MS. BUCHILLON: Number 3, CEVR202300008759, Edington
Place, LLC.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. WILLIAMS: I do.
MR. DOWNEY: I do.
CHAIRMAN KAUFMAN: Sir, could you state your name on
the microphone for us, please?
MR. DOWNEY: I'm hard of hearing, sorry. My name is James
Downey. I live on 955 Barefoot Williams Road, ZIP Code 34113,
down behind Lowe's.
CHAIRMAN KAUFMAN: You live at 995 [sic]?
MR. DOWNEY: Yeah. For the -- I have another property down
the street that we're here for, 1095 Barefoot Road.
CHAIRMAN KAUFMAN: Right. Okay. And according to
what I'm reading, you used some mechanical devices to clear the
property?
MR. DOWNEY: Yeah. We've been waiting for the state
department to give me my proper application for exotic removal, or
whatever they call it, vegetation removal. His name is Joe Santo, and
I've been bugging him. But you guys gave me, like, a five- or
six-month extension. And I've been calling him, email, to get
whatever we need, but that's what you guys need to finalize
August 28, 2025
Page 49
everything.
Every time I called the office there, I leave a voicemail, text,
stuff like that -- not a text; voicemail, email. And every time I do it, I
call him and let him know I'm doing it all the time.
So finally I sent him an email yesterday. I said, "Listen," I said,
"I don't know what to tell you, but I have to have an answer for
tomorrow -- for today. We need some kind of an answer and get this
proper paperwork that we need."
What he then sent me, he sent me an application for if I want to
put a fence around the property, building a building, all this kind of
stuff. I said, "No, that's not what we want. We want an exotic
removal, stuff like that, vegetation removal."
So he figured it out yesterday. He said he's very sorry, and he
sent me a letter -- he sent me an email that he's going to get this taken
care of. Within 13 or 14 days he's going to have this taken care of.
CHAIRMAN KAUFMAN: Just -- okay. I'm sorry. I
preempted you, sort of.
MR. DOWNEY: This is what he's been sending me. This is
about the new building. We only want a vegetation removal and stuff
like that.
CHAIRMAN KAUFMAN: Can you read this into the record
for us, please.
MR. WILLIAMS: Yes. Doug Williams, Collier County Code
Enforcement.
Past order: On March 28th, 2024, the Code Enforcement Board
issued a finding of facts, conclusion of law and order. The
respondent was found in violation of the referenced ordinance and
order to correct the violation. See the attached order of the Board
OR6353, Page 290, for more information.
On February 27th, 2025, the Code Enforcement Board granted a
continuance.
August 28, 2025
Page 50
The violation has not been abated as of August 8th, 2025.
Fines have accrued at a rate of $100 per day for a period from
July 27th, 2024, to August 28th, 2025, a maximum -- well,
days -- 398 days, for a total fine amount of $39,800.
Fines continue to accrue.
Previous assessed operational costs of 59.28 and 59.42 have
been paid. Operational costs for today's hearing is $59.56. Total
amount, $39,859.56.
CHAIRMAN KAUFMAN: Okay. So what we have here is the
cart before the horse. In other words, you used mechanical
equipment to clear the lot before you had the paperwork that entitled
you to do that; is that correct?
MR. DOWNEY: No. I hired a contractor, a licensed contractor
to do it. It's called McLeran, and he does work for your county.
I told him -- but he was doing my neighbor's around the corner
and behind my property.
I said, "What would it cost?"
And he told me the quote.
I said, "Okay. Let's get started," and he started cleaning it. He
should have known. If I would have known he did everything wrong
(unintelligible.) But he's supposed to be a licensed contractor. He is,
but he apparently didn't have the proper license to do what he did for
vegetation removal.
So I hired people through that -- and besides that, let me back
up. I hired a company. It's called DexBender. They do all my
study -- my paperwork for the DEP people. I pay a lot of money to
take my trees, not to touch stuff like that. I've been doing everything
by the book. I have nothing to touch with anything. I did hire people
that are supposed to have a license. Now this is where I'm at today. I
thought I had the right people to do the job.
BOARD MEMBER FUENTES: Give him the extension --
August 28, 2025
Page 51
CHAIRMAN KAUFMAN: Go ahead.
BOARD MEMBER FUENTES: -- because, unfortunately, he
just -- and he has been in communication. If I remember correctly,
you would say the same, right? He's been in full communication?
MR. WILLIAMS: Yeah, he's been -- every time something
happens, he calls me. And I know he's been working with the DEP to
try to get this --
BOARD MEMBER FUENTES: I know that can be difficult.
CHAIRMAN KAUFMAN: How far are we away from the
paperwork being done?
MR. DOWNEY: Talk louder. I can't hear you.
MR. WILLIAMS: No, no. So right now, mainly for him, he
just has to -- he can't do anything until the DEP is done.
MR. DOWNEY: But we're at the end of the road now. It's
getting there now. They finally got back to me yesterday. His name
is Joe Santo from the DEP. He said, "We're going to get this
resolved," and he's got the email up there. He's going to get it done
for us, so now we can get it finished.
CHAIRMAN KAUFMAN: How long -- how long do you think
it will take until it's finished?
MR. DOWNEY: He told me yesterday -- he literally called and
spoke to me and wife. He goes, "Give me about 13 or 14 days to get
the proper paperwork."
First, like, a month and a half ago, I had not heard anything. We
need to figure it out now. This application's only $100.
I said, "I don't care. Just let me know what it will be to get it
done."
So I don't know, two months? He said 13, 14, days, so I don't
know.
BOARD MEMBER FUENTES: Jeff and Tom, are you guys
okay with --
August 28, 2025
Page 52
MR. LETOURNEAU: Yeah, we have no problem with 60 days.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER FUENTES: All right.
CHAIRMAN KAUFMAN: I'll make a motion that we grant the
60-day extension.
BOARD MEMBER AYASUN: Second.
MS. BUCHILLON: Continuance.
CHAIRMAN KAUFMAN: Continuance, I'm sorry. Fines
continue to accrue.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: Talk louder.
MR. NOELL: Any operational costs?
CHAIRMAN KAUFMAN: Yeah. And the operational costs of
59.56 as part of that.
BOARD MEMBER AYASUN: Yep.
BOARD MEMBER FUENTES: You heard everything okay?
MR. DOWNEY: I'm okay. I just want to get this done.
BOARD MEMBER FUENTES: No, but you heard what it was,
right, the operational costs?
MR. DOWNEY: I don't know. I mean, he --
BOARD MEMBER FUENTES: No, no. Okay. What the
Chairman is saying is that you're going to have an operational costs
that need to be paid within 30 days.
MR. DOWNEY: How much is that?
CHAIRMAN KAUFMAN: $59.56.
MR. DOWNEY: Okay. That's fine. I'll do it today. That's fine.
I'm hard of hearing. I'm sorry about that.
CHAIRMAN KAUFMAN: Don't be sorry.
BOARD MEMBER FUENTES: And he's giving you 60 days.
MR. DOWNEY: Okay. No, I'm going to get it done before
that. I'm going to be on him like a hawk, but -- I'm always on him,
August 28, 2025
Page 53
but now he knows -- he knows we're having a hearing today. He's
got to get it done now.
BOARD MEMBER FUENTES: Perfect.
MR. DOWNEY: That's the state department. Thank you.
CHAIRMAN KAUFMAN: Thank you.
MR. DOWNEY: Can I have that paperwork back? Or you can
keep it.
BOARD MEMBER FUENTES: No. No, I'm kidding. You can
have it back.
MS. BUCHILLON: Mr. Downey. Mr. Downey, hi. Over here.
Can you wait till tomorrow to go in to pay the ops costs, because
we're not going to be back in the office till later on this afternoon,
okay?
MR. DOWNEY: No problem. I'll do it tomorrow. Thank you,
guys. Have a good day.
BOARD MEMBER FUENTES: Hold on. We've got to
make -- we didn't do the whole motion yet.
CHAIRMAN KAUFMAN: Okay. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MR. DOWNEY: Thank you, guys. Have a good day.
CHAIRMAN KAUFMAN: We're going to take a court reporter
break. Be back in -- by quarter of.
(A recess was had from 10:26 a.m. to 10:45 a.m.)
August 28, 2025
Page 54
CHAIRMAN KAUFMAN: Okay. I'd like to call the Code
Enforcement Board back to order. Next case.
MS. BUCHILLON: Next case, we are still under motion for
imposition of fines and liens. Number 5, CESD20230007938, Yordis
Gutierrez and Zulema Sol Garcia.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
THE PETITIONER: I do.
MS. SOL: I do.
MR. BOONE: I do.
CHAIRMAN KAUFMAN: Can you put your names on the mic
for me, please.
MS. SOL: Zulema Sol.
CHAIRMAN KAUFMAN: And?
MR. BOONE: Jeremy Boone.
MR. MATOS: My name is Jeremiah Matos with Collier County
Code Enforcement.
CHAIRMAN KAUFMAN: Say that again.
MR. MATOS: Jeremiah Matos.
CHAIRMAN KAUFMAN: Ah, new blood.
MR. MATOS: Yes.
CHAIRMAN KAUFMAN: Well, welcome to Code
Enforcement.
MR. MATOS: Thank you.
CHAIRMAN KAUFMAN: This seems like a complicated case
to me, but we'll see.
You want to read the --
MR. MATOS: Yeah.
CHAIRMAN KAUFMAN: -- into the record for us?
MR. MATOS: Past orders: On August 22nd, 2024, the Code
August 28, 2025
Page 55
Enforcement Board issued a findings of fact, conclusions of law and
order. The respondent was found in violation of the referenced
ordinances and ordered to correct the violation. See the attached
order of the Board, OR6419, Page 3210, for more information.
The violation has not been abated as of August 28th, 2025.
Fines and costs to date are as follows:
Part 1, fines have accrued at a rate of $250 per day for the period
from April 20th, 2025, to August 28th, 2025, for 131 days, for a total
fine amount of $32,750.
Fines continue to accrue.
Previously assessed operational costs of 59.28 have been paid.
Operational costs for today's hearing, $59.42. Total amount,
$32,809.42.
CHAIRMAN KAUFMAN: Could you tell me the difference
between Part 1 and Part 2? Was that the electrical had to be turned
off or something?
MR. MATOS: Yes. So the electrical, actually -- the permit was
expired, but they recently got an extension on that. So the permit
doesn't expire until February of 2026 for the electrical.
CHAIRMAN KAUFMAN: Okay. But the fines, the 32,750,
they're still valid?
MR. MATOS: Yes.
CHAIRMAN KAUFMAN: Okay. Well, like the past thing, this
one has not been abated; is that correct? Has not been abated?
MR. MATOS: Correct.
CHAIRMAN KAUFMAN: So we have a choice here of
imposing the fines or extending the time, so please tell us what we're
doing.
MR. BOONE: Yeah. So originally this was -- with the
structures and the permits, she had contracted Mr. Octavio with
ASSA, and gone through the motion. There were some issues along
August 28, 2025
Page 56
the way, and they were not being done and resolved. So she had to
hire a different person, Yuellies (phonetic) Martin. I believe she's
with I Permitting, and she has since submitted all the permits. There
was an issue with what was proposed and what was being done that
had to be corrected. That's all been done.
And to my understanding, all she has to do now is just pay for it,
schedule the inspection. That can be done and satisfied as early as
tomorrow.
But everything has been, as far as I know, reviewed and
accepted with the electrical permit that's pending. So I think from
here she'll just go pay it, and I think by tomorrow that will be closed.
But it's been kind of an ongoing delay in getting the responsible
parties to be responsible with what they have to do.
CHAIRMAN KAUFMAN: Okay.
MR. LETOURNEAU: It also looks like there's a tiki hut permit.
MR. MATOS: Correct. There is a tiki hut permit. That one is
expired as of the 11th of this month. The only condition that I saw on
there was an informational condition about notice of clearing.
MR. LETOURNEAU: Okay. As of today, it's back into good
condition, so...
MR. MATOS: (Nods head.)
CHAIRMAN KAUFMAN: So the tiki hut is okay?
MR. LETOURNEAU: Yeah. Both permits are in "inspection
commenced" situations right now, so they're both valid and ongoing,
so...
CHAIRMAN KAUFMAN: So for us, we probably should give
them an extension, because you can't do anything because it says "has
not been abated," so --
MR. LETOURNEAU: Well -- for the record, Jeff Letourneau,
Collier County Code Enforcement.
It has been a long time here, but they have gotten things done.
August 28, 2025
Page 57
And at this point, we would not object to a reasonable continuance
due to the fact that they do have these permits in good standing.
CHAIRMAN KAUFMAN: Okay. You think you'll have
everything done in the next 30 days?
MR. BOONE: From what we're told, if she pays it, as for the
inspection, they can be there maybe as early as tomorrow. Assuming
that everything continues to be on the up and up, I would expect so,
yes.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: I'll make a motion to give them
60 days and pay the operational costs within 30 days.
CHAIRMAN KAUFMAN: A continuance.
BOARD MEMBER ELROD: A continuance, yes, sir.
BOARD MEMBER RUBENSTEIN: I'll second.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second. All those in favor motion?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MR. BOONE: Thank you.
CHAIRMAN KAUFMAN: We'll see you in a month.
MR. IANDIMARINO: If I may, real quick, Mr. Chairman.
Tom Iandimarino, director of Code Enforcement.
I do believe there are a couple of other cases that are on this
property associated that are not here yet. But I just wanted to make
August 28, 2025
Page 58
sure that you work towards compliance on those other cases that we
have open so we don't have to come to hearing for those. So thank
you very much.
MR. BOONE: Thank you.
MS. SOL: Thank you.
MS. BUCHILLON: Next case, Case No. 6,
CESD20230006882, Shane M. Shadis.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. MUSSE: I do.
MR. SHADIS: Yes, I do.
CHAIRMAN KAUFMAN: Could you state your name on the
microphone for us, please.
MR. SHADIS: Shane Michael Shadis.
CHAIRMAN KAUFMAN: Okay.
MR. MUSSE: Jonathan Musse, Collier County Code
Enforcement.
CHAIRMAN KAUFMAN: Jonathan, do you want to read the
case into the record for us?
MR. MUSSE: Sure.
Past orders: On February 27th -- I'm sorry -- February 22nd,
2024, the Code Enforcement Board issued a finding of fact,
conclusion of law and order. The respondent was found in violation
of the referenced ordinances and ordered to correct the violation. See
the attached order of the Board, OR6336, Page 404, for more
information.
The violation has been abated as of June 11th, 2025.
Fines have accrued at the rate of $100 per day for a period from
May 23rd, 2024, to June 11th, 2025, 385 days, for a total fine amount
of $38,500.
August 28, 2025
Page 59
Previously assessed operational costs of $59.28 have been paid.
Operational costs for today's hearing is $59.42.
This was not a health-and-safety issue. The owner obtained a
permit, inspections, and certificate of completion for the bathroom
remodel. There were no previous violations, and there were no other
relevant factors.
CHAIRMAN KAUFMAN: Okay. Sir, why did this take so
long?
MR. SHADIS: That's a very good question, and it has to do
with something before that. So I've owned this condo for over 20
years. Never had any code violation issues. It's not like me. But I
also owned a home off of Bayshore.
I had an unwanted guest a few years ago. Some of you might be
familiar with Hurricane Ian. He came in and flooded my home.
This condo at that time was a rental property. So I was left
homeless after that. I was living literally in the back of my own
property in a tent trying to get my home taken care.
At that time, because this was -- the property we're now
speaking of is a condo, upstairs there was a flood. So I didn't start
any sort of a remodel on the bathroom. I just had water on both
properties that I owned cause issues.
While I was in the process of trying to rebuild my literal home
that I wanted to move back into and live in, the contractor went out of
business, started drinking. I had all sorts of issues. I had to bring on
all sorts off costs to remodel that home while I also had this open
wound in the other place.
So those folks moved out, and now I have no rental income. I'm
still trying to rebuild my primary residence. I have to take on high
interest rate loans to finish it because the insurance company didn't
follow through with what they were supposed to.
So after a couple of years, finally the house was under control,
August 28, 2025
Page 60
and then I was living back in the condo.
In my opinion, I didn't know that if a bathroom was a bathroom,
it had to become a bathroom again. I had a two-bedroom,
two-bathroom condo. One bathroom was not working. I said, "I
don't have the money for that. I don't have the energy or the time." I
just finished up with this house. I had to sell the house because I
incurred so much debt trying to finish it because of the contractor,
because of issues with the insurance. So I was just financially strung
out, and this problem wasn't something I asked for.
I did no prework on the place myself. When it was flooded, the
association came in and said, "Hey, we own from the paint
inside -- or paint outside." So they came in and quickly made sure
there was no mold issues, put drywall back on. Later I found out that
was a problem, even though it wasn't me or anybody I hired, because
they didn't go through the proper channels before they put the drywall
back on.
So I was just financially strung out trying to get away from this
flood property and trying to get my life in order.
And that's when I started working with Jonathan. He was the
one that informed me you can't leave this bathroom -- even though
there was water shut off, electricity shut off, he says, "You can't leave
this undone."
Financially I was still upside down. But then I -- you know, he
got me some information that helped me start the process. So I
started with the contractor. That contractor I talked with for two and
a half, three months. He told me he's talking with Jonathan. He's
figuring out these issues.
After three months and nothing went forward, I personally went
down to Horseshoe to find out that he had never even filed anything.
So now I was back down to ground zero.
I found another contractor. Still financially not able to really
August 28, 2025
Page 61
push things forward as fast -- if I had $25,000 to give to somebody,
you're right, this would have all been faster. But I found a contractor
for a few thousand dollars who applied for the permits. After he
applied, he said, "All right. Now, I need a few thousand dollars for
the demo," so I gave him that. Then I needed, you know, a few
thousand dollars for the plumbing work to give the plumbing
contractor, and all these things just kept coming up, which are part of
the normal process, but I didn't want to start the process, so I didn't
have the money for the fines ahead of time.
CHAIRMAN KAUFMAN: Okay. I don't want your
explanation to be longer than it took to get the job done.
MR. SHADIS: Yes. My apologies. I'm just nervous. If I have
these fines, I'm going to have to sell my second place that I had in
here and then not have a home in Naples. So this is just really a lot
on my shoulders and not something that I asked for, so...
BOARD MEMBER FUENTES: No, we understand.
MR. SHADIS: I didn't know how to file extensions
and -- because I've never been through this process. So if I ever end
up in this situation again, I will be back and do it all the right way.
I'm just simply asking for, you know, you guys to look at my
situation and see I've done everything that I knew and could at this
point, so...
CHAIRMAN KAUFMAN: Okay, John.
BOARD MEMBER FUENTES: Okay. I'm going to go ahead
and -- can you scroll down on that for me real quick. Thank you.
All right. So today's operational costs do need to be paid.
$59.42 within 30 days, sorry, okay?
MR. SHADIS: Yes, sir, of course.
BOARD MEMBER FUENTES: That's going to be the motion,
as well as I'm going to reduce the County's fines to $600, all right?
MR. SHADIS: Okay.
August 28, 2025
Page 62
BOARD MEMBER FUENTES: So 600 down from 38,559.
MR. SHADIS: That is something that I can find -- yeah, I can
find that in the budget within 30 days. Both of those can be taken
care of, sir, yes.
BOARD MEMBER FUENTES: That would be my motion.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. SHADIS: Thank you.
CHAIRMAN KAUFMAN: Okay.
MR. SHADIS: Thank you, really. Appreciate you. Thank you.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: Next case, No. 9, CELU20220002018,
Kirk Sanders Revocable Trust, and also No. 10, CENA20220005940.
CHAIRMAN KAUFMAN: Which one are we hearing, 8?
MS. BUCHILLON: Number 8 first. Number 9 is also theirs.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: I thought you said 9 and 10.
MS. BUCHILLON: I'm sorry. Nine and 10. Did I say 8? I'm
sorry.
CHAIRMAN KAUFMAN: So we're not hearing 8?
MS. BUCHILLON: No, sir.
CHAIRMAN KAUFMAN: Okay. Good. We're hearing 9 and
August 28, 2025
Page 63
10.
MS. BUCHILLON: Yes.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. OWEN: I do.
MR. SANDERS: Yes.
MS. SANDERS: I do.
CHAIRMAN KAUFMAN: Okay. If you would, put your name
on the microphone for us, please.
MR. SANDERS: Kirk Sanders.
MS. SANDERS: Ruth Sanders.
CHAIRMAN KAUFMAN: Do you want to take the first one,
Case 9, read that into the record for us?
MR. OWEN: For the record, Brian Owen, Collier County Code
Enforcement.
Past orders: On July 28th, 2022, the Code Enforcement Board
issued a finding of facts, conclusion of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR6165, PG3452, for more information.
On July 31st, 2023, the Code Enforcement Board granted a
continuance.
The violation has been abated as of June 25th, 2025.
Fines and costs to date are as follows: Fines have accrued at a
rate of $500 per day from the period of May 25th, 2023, to June 25th,
2025, 763 days, for a total fine amount of $381,500.
Previous assessed operational costs of 59.21 have been paid.
Operational costs for today are 59.49, for a total fine amount of
$381,559.49.
CHAIRMAN KAUFMAN: Okay. Let's --
August 28, 2025
Page 64
MR. OWEN: Gravity of the violation is not health and safety.
Any actions taken by the violator to correct: All violations on
the property were cleaned up by the current owner.
Any previous violations committed by the respondent and/or
violator: None.
And the relevant factors to this situation is Mr. Sanders
purchased this property in April of 2025.
CHAIRMAN KAUFMAN: So this was a case where I'm seeing
it's a trust. Did somebody die and --
MR. OWEN: No. The previous -- well, the previous owner had
the property. That was in a trust. She went through a lot of time and
desire not to abate her violations. She had to wind up selling the
house -- or went into a legal issue. And Mr. Sanders is actually the
second person to buy that house since the previous violation's owner
has moved out. So Mr. Sanders actually fixed this -- all these
violations that were two years old in a matter of months.
CHAIRMAN KAUFMAN: Okay. Sir?
MR. SANDERS: I purchased the property. And we are trying
to get it squared away. And I think we got it squared away the best
we could. I'm just asking to abate the fines, you know. We did it all
within a -- within a month of actually purchasing the property.
Trying to see what we can do as far as --
BOARD MEMBER FUENTES: Jeff looks like he wants to say
something here.
MR. LETOURNEAU: I do. For the record, Jeff Letourneau,
Collier County Code Enforcement.
Even before Mr. Sanders purchased this property, he had called
me, and, you know, wanted to know the parameters of the code
violation and what was going on. He told me that if he bought the
property, he would clean it up. He did so in a fast manner. And I did
make a promise to him that I would go to bat for him if he did get this
August 28, 2025
Page 65
property cleaned up, and he did it, so...
BOARD MEMBER FUENTES: Now I'm kind of tempted to
impose.
CHAIRMAN KAUFMAN: Okay. That's the Case No. 9?
MR. OWEN: That is correct, sir.
CHAIRMAN KAUFMAN: We can hear Case No. 10. Is it
exactly the same thing only --
MR. OWEN: One was a nuisance abatement and the other was
a land use due to RVs and vehicles. And the way our statute's
worded, we had to do all those under a land case instead of under the
nuisance abatement, so it did wind up drawing out two cases pretty
much for derelict property of junk, trash, recreational vehicle that was
taken apart, umpteen travel trailers, ATVs, cars, junk, trash, litter.
CHAIRMAN KAUFMAN: How big is this property?
MR. OWEN: I'm not sure off the top of my head, but I want to
say it's close to --
MR. SANDERS: Five acres.
MR. OWEN: Yeah, five acres.
MR. LETOURNEAU: Yeah. The property was a disaster, let's
be honest, and there was a relative or a friend of the family that was
fixing ATVs and all sorts of vehicles back there, so the parts were
everywhere. I'm sure Mr. Sanders spent quite a bit of money
cleaning this thing up.
BOARD MEMBER FUENTES: I'll make a motion.
BOARD MEMBER AYASUN: Yeah.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER FUENTES: For the record, just so you
know, here on the Code Enforcement Board, we do appreciate when
individuals try to come into compliance the way you have, and it's
great to hear, you know, that the manager of Code Enforcement had
something positive to say as well. So thank you for that.
August 28, 2025
Page 66
I'm going to go ahead and deny the County its fines here. And
unfortunately, I don't -- is it possible to prevent the operational costs
for today to -- I mean, this is a gentleman -- I kind of feel like this is a
unique scenario.
MR. LETOURNEAU: I think if you're wiping away $700,000
in fines, he'd be happy to pay the $50 or so.
MR. NOELL: From a legal -- from a legal standpoint it's always
at the discretion of the Board.
BOARD MEMBER AYASUN: Go ahead.
BOARD MEMBER FUENTES: You made it awkward.
BOARD MEMBER AYASUN: Go ahead.
BOARD MEMBER FUENTES: Oh, I'm going to waive the
operational costs for today. I think we do pretty good here lately, and
we're getting the Board everything they need. So you're good to go.
I appreciate everything you guys have done.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: Okay. Now, let me just clarify.
We're going to vote on each one individually.
BOARD MEMBER AYASUN: Right.
CHAIRMAN KAUFMAN: The first one, the operational costs,
just to show the difference, is 59.49 on your motion.
We have a second.
BOARD MEMBER AYASUN: Yes.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
August 28, 2025
Page 67
CHAIRMAN KAUFMAN: It carries unanimously.
So that takes care of the first one.
And the second one, the operational costs for today's hearing is
$60.19. You're waiving that as well?
BOARD MEMBER FUENTES: Let's do half and half, okay.
We'll give the code a little. So instead of the 100 and something,
we'll knock that down to the 60.19 for the operational costs for today,
okay?
MR. SANDERS: Okay. Thank you.
MR. OWEN: Can I at least read it into the record?
BOARD MEMBER FUENTES: Yes. So today's --
MR. OWEN: I haven't even read the second one yet.
BOARD MEMBER FUENTES: For the second case, Case No.
CENA20220005940, we're going to go ahead and deny the County its
imposition of fines; however, the operational costs of $60.19 will be
paid within 30 days.
MR. SANDERS: Thank you.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: That's seconded. All those in
favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
BOARD MEMBER AYASUN: So you don't have to pay the
fine.
August 28, 2025
Page 68
MR. SANDERS: Thank you.
MS. SANDERS: Thank you.
MS. BUCHILLON: Next case, I did skip it over by mistake,
No. 7, CELU20250006375, 12275 Collier Boulevard Land Trust.
BOARD MEMBER FUENTES: This gentleman coming up, I
trained him back in the day, so let's welcome Bradley Holmes. He
used to look up to me.
MR. HOLMES: So when I fail, you know who to look at.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. HOLMES: I do.
MS. ALCANTAR: I do.
CHAIRMAN KAUFMAN: So I have the right case, we're
talking about the one that ends in 6375?
BOARD MEMBER AYASUN: Correct.
MS. BUCHILLON: Yes.
CHAIRMAN KAUFMAN: Okay. And your name, again, on
the microphone?
MS. ALCANTAR: Maria Alcantar.
CHAIRMAN KAUFMAN: Okay. And you're representative
for?
MS. ALCANTAR: The owner, the trust.
CHAIRMAN KAUFMAN: Okay. For Collier Boulevard Land
Trust?
MS. ALCANTAR: Correct.
CHAIRMAN KAUFMAN: Okay. Your case.
MR. HOLMES: Ready to take it away?
All right. For the record, Bradley Holmes, Collier County Code
Enforcement.
Past orders: On June 26th, 2025, the Code Enforcement Board
August 28, 2025
Page 69
issued a findings of fact, conclusions of law and order. The
respondent was found violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR6488, Page 2918, for more information.
The violation has been abated as of July 5th, 2025.
Fines and costs to date are as follows: Fines have accrued at a
rate of $200 per day for the period from June 27th, 2025, to July 5th,
2025, nine days, for a total fine amount of $1,800. Previously
assessed civil penalty of $1,000 have been paid. Previously assessed
operational costs of 59.28 have been paid. Operational costs for
today's hearing, 59.35. Total amount, $1,859.35.
Gravity of the violation: Not considered health and safety.
Actions taken by the violator to correct: They ceased operation.
Any previous violations committed by the respondents/violator:
CEB Case No. CELU20240008433, CEB Case No.
CESD20240007889, and OSM Case No. CESD20230001769.
Any other relevant factors: None.
BOARD MEMBER FUENTES: Okay.
CHAIRMAN KAUFMAN: Okay. Take it away, John.
BOARD MEMBER FUENTES: Okay. Yeah, I want to make a
motion to go ahead and deny the fines; however, the operational costs
of $59.35 do need to be paid within 30 days.
CHAIRMAN KAUFMAN: We would have given you the
opportunity to speak --
BOARD MEMBER ELROD: Second.
CHAIRMAN KAUFMAN: -- but you probably don't have to
say anything now, do you?
MS. ALCANTAR: Correct. Nothing. I'm good. Thank you.
BOARD MEMBER AYASUN: You have the right to remain
silent.
MS. ALCANTAR: Thank you.
August 28, 2025
Page 70
CHAIRMAN KAUFMAN: Use the right.
BOARD MEMBER FUENTES: Do you have a second?
CHAIRMAN KAUFMAN: We have a second. All those in
favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MS. ALCANTAR: Thank you.
CHAIRMAN KAUFMAN: Okay. I got your hand signal, Jeff.
Just so you know, I'm not ignoring you.
MS. BUCHILLON: Next case, No. 11, CESD20240002270,
Yenny Rodriguez Pino and Rockny Garcia Rodriguez.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. MARINOS: I do.
MR. GARCIA: I do.
CHAIRMAN KAUFMAN: Can you state your name on the
microphone for us?
MR. GARCIA: Rockny Garcia.
CHAIRMAN KAUFMAN: Okay. You're up.
MR. MARINOS: Yes, sir.
Past orders: On January 23rd, 2025, the Code Enforcement
Board issued a finding of fact, conclusions of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
August 28, 2025
Page 71
OR6437, Page 3361, for more information.
On April 24th, 2025, the Code Enforcement Board granted an
extension of time.
The violation has not been abated as of August 28th, 2025.
Fines have accrued at a rate of $200 per day for the period
June 24th, 2025, to August 28th, 2025, 66 days, for a total fine
amount of $13,200.
Part 2 was abated as of January 27th, 2025, within the
compliance deadline.
Fines continue to accrue.
Previously assessed operational costs of $59.35 have been paid.
The operational costs for today's hearing is $59.84, for a total amount
of $13,259.84.
CHAIRMAN KAUFMAN: Okay. Part 2 on this was the
electrical be turned off?
MR. OWEN: Yes, sir.
CHAIRMAN KAUFMAN: Okay. Sir?
MR. GARCIA: Hi. How are you?
Okay. So everything has been fixed, so all the violations has
been taken care of already. So I got some financials problem for the
moment, so they don't give me, like, allowed to pay -- I just waiting
for the inspection to get the door fixed. Everything is -- everything is
done already. It's just the door. So it was done by no permit. That's
why I need to get it. So it's close already, so I just need to get the
inspector to be -- close that case.
BOARD MEMBER FUENTES: It's just a door?
MR. OWEN: The exterior door for the garage conversion. The
permit for that, the demo permit, is in "ready for issuance" status but
has not yet been issued. It was applied for on April 16th, 2025.
CHAIRMAN KAUFMAN: All the -- under the description, the
garage renovations, adding walls, split A/C unit, electrical, all the rest
August 28, 2025
Page 72
of that's done?
MR. OWEN: All the rest of that's done. It's just the exterior
door. And the permits for those are done as well. He failed to put the
exterior door into that original permit.
CHAIRMAN KAUFMAN: Okay. Well, because it has not
been abated as yet, again, our two options are to grant a continuance
of some period of time or to impose the fine.
MR. GARCIA: I just want to maybe get, like -- because I got
some issues with my work. So if they can give me, like, a month, I
can get -- you know, pay the inspection. It's, like, 180. At that time
they can come to inspection and close the case for the door, because
everything else of the garage is taken care of already. All the permits
been done. It’s been passed and everything; electrical, plumbing, and
all.
BOARD MEMBER ELROD: I'll make a motion to give him 30
days and have him pay the 59.84 within 30 days.
BOARD MEMBER FUENTES: Before you make that, we were
going to do more.
BOARD MEMBER ELROD: Okay.
BOARD MEMBER FUENTES: Do you want to discuss that?
BOARD MEMBER ELROD: Sixty days is good.
BOARD MEMBER FUENTES: Yeah. Do you want to do that?
Okay.
BOARD MEMBER ELROD: Sure. I'll amend to 60 days but
pay the operational costs within 30.
MR. GARCIA: Okay. Yeah. It should be good for me.
BOARD MEMBER FUENTES: Do you understand about the
operational costs being paid?
MR. GARCIA: Yes.
BOARD MEMBER FUENTES: Okay.
CHAIRMAN KAUFMAN: So when this comes back, and it
August 28, 2025
Page 73
will, it should say, "The violation has been abated." So it's --
MR. GARCIA: Okay.
CHAIRMAN KAUFMAN: Okay. Everything -- all the
paperwork has to be done in 30 days.
MR. GARCIA: Okay.
CHAIRMAN KAUFMAN: If that's a problem, come back
ahead of time, and we'll see what we can do about granting you some
more time.
BOARD MEMBER FUENTES: I'm going to go ahead and
second the motion.
MR. GARCIA: I don't think so I need more time because it's
just 180. I just coming back to work, like, a week ago. So I think I
can get it done.
BOARD MEMBER FUENTES: Do you want five days?
MR. GARCIA: Less than [sic] five days.
BOARD MEMBER ELROD: But the minute it's done, you let
him know.
BOARD MEMBER FUENTES: I second the motion.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
BOARD MEMBER AYASUN: Done.
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MR. GARCIA: Okay.
August 28, 2025
Page 74
CHAIRMAN KAUFMAN: So in one month, everything will be
done.
MR. GARCIA: Yes.
CHAIRMAN KAUFMAN: And then you'll come back, and
then we'll see what we're going to do with the fine.
MR. GARCIA: Okay, perfect.
CHAIRMAN KAUFMAN: Because the fine is still there --
MR. GARCIA: Okay.
CHAIRMAN KAUFMAN: -- until it comes into compliance,
and then we have to dispose of the fine somehow.
MR. GARCIA: Okay.
CHAIRMAN KAUFMAN: Either you pay it, or we reduce it or
whatever, okay?
MR. GARCIA: Okay. Thank you.
CHAIRMAN KAUFMAN: Very good. Okay. Thank you.
MR. MARINOS: Thank you.
MS. BUCHILLON: Next case, No. 13, CESD20210012586,
William N. Kogok, Jr.
BOARD MEMBER FUENTES: You're a busy man, Brian.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. OWEN: I do.
MR. KOGOK: I do.
CHAIRMAN KAUFMAN: If you could, state your name on the
microphone for us, please.
MR. KOGOK: Good morning. William Kogok, Jr., respondent.
CHAIRMAN KAUFMAN: Okay. Do you want to read this
into the record for us?
MR. OWEN: Yes. For the record, Brian Owen, Collier County
Code Enforcement.
August 28, 2025
Page 75
Past orders: On September 22nd, 2022, the Code Enforcement
Board issued a finding of facts, conclusion of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR6181, PG452, for more information.
On June 22nd, 2023, November 17th, 2023, and October 24th,
2024, the Code Enforcement Board granted a continuance. The
violation has not been abated as of August 28th, 2025.
Fines and costs to date are as follows: Fines have accrued at a
rate of $250 per day from a period of April 23rd, 2023, to
October 23, 2024, 550 days, for a total fine amount of $137,500.
Daily fines did not accrue from October 24th, 2024, to
April -- April 2024 -- April 24th, 2025.
Fines have accrued at a rate of $250 per day from the period of
April 25th, 2025, to August 28, 2025, 126 days, for a total fine
amount of $31,500.
Fines continue to accrue.
Previous assessed operational costs of 59.28, 59.28, 59.56, and
59.63 have been paid. Operational costs for today's hearing is 59.91.
For a grand total of $169,059.91.
CHAIRMAN KAUFMAN: Okay. Sir.
MR. KOGOK: Yeah. I would remind the Board that I inherited
this problems. It was both the garage, the carport, and the pump
house. The garage and carport have been -- have got the certificate of
occupancy, and we're working on the pump house now.
We had to wait for a variance meeting, notify all the neighbors
of that. Waited a month for the attorney approval. So we have -- the
variance has been approved. We were waiting on an engineering
report, which we got. We are waiting on plans on from the EOR,
which we got. They were submitted for a permit application number.
I have the permit application number. And I'm waiting on Phoenix
August 28, 2025
Page 76
Associates to find out what needs to be done to the actual pump
house itself, if anything. All I know of is a metal box for the junction
box for electricity.
Then we will need to have structural, electrical, plumbing, and
exotic vegetation inspections.
So I would ask the Board for more time to get those done.
CHAIRMAN KAUFMAN: And how much time do you think
it's going to take to get this done?
MR. KOGOK: I've made five phone calls and two texts to
Phoenix Associates to try to get that answer. I haven't received any
replies at all.
CHAIRMAN KAUFMAN: Are you paying them?
MR. KOGOK: Yes, I am.
CHAIRMAN KAUFMAN: Do you owe them money?
MR. KOGOK: I'm sure I do. I've paid them already -- I've paid
them over $10,000. It cost me to -- 16,000 to get the carport and
garage up to code on a house that I, you know, already went $50,000
over budget to buy during the COVID pandemic spree of shoppers,
and I'm about $3,000 into this pump house already.
CHAIRMAN KAUFMAN: Let me ask my question again.
How much time do you think you need to get this done?
MR. KOGOK: I don't know how long it takes for the
inspectors. I would guess four months, and I could tell, you know,
Phoenix Associates they've got three months to do it.
CHAIRMAN KAUFMAN: Okay. Any comments from the
Board?
BOARD MEMBER AYASUN: Nope.
CHAIRMAN KAUFMAN: This thing goes back to September
of 2022. It's a long time.
MR. KOGOK: It's been a noose around my neck the whole
time.
August 28, 2025
Page 77
CHAIRMAN KAUFMAN: Well, some people wear ties.
You're wearing rope.
BOARD MEMBER ELROD: I'll make a motion to extend for
four months -- a continuance.
BOARD MEMBER FUENTES: What were you going to say,
Jeff?
MR. LETOURNEAU: I was going to say "continuance, please."
We would object to an extension.
BOARD MEMBER ELROD: And the operational costs of
59.91 be paid within 30 days.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
If you come back in four months and this is still in the "has not
been abated," we're probably at the end of our rope on this.
MR. KOGOK: Even with the four or so inspections that need to
be done? Do you think those can be done in the four months?
CHAIRMAN KAUFMAN: That's what you said.
MR. KOGOK: I said I'm coming from nowhere.
CHAIRMAN KAUFMAN: Well --
BOARD MEMBER ELROD: Good luck.
BOARD MEMBER FUENTES: I'll talk to him later.
CHAIRMAN KAUFMAN: Okay.
August 28, 2025
Page 78
MR. KOGOK: All right. Thank you very much.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: Next case, No. 14, CENA20240008342,
Hole in one Fairway, LLC.
THE COURT REPORTER: Can you state your name?
MS. MURILLO: Alyssa Murillo.
CHAIRMAN KAUFMAN: Thank you.
Wade, we're going to get you new glasses.
MR. COHEN: I need them. I need something.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MS. MURILLO: I do.
MR. COHEN: I do.
CHAIRMAN KAUFMAN: I know you gave your name, but
give it to me again so I can --
MS. MURILLO: Alyssa Murillo.
CHAIRMAN KAUFMAN: Okay. And you are?
MS. MURILLO: I am representing Alex Jivani.
CHAIRMAN KAUFMAN: Who is the owner of Hole in one
Fairway, LLC?
MS. MURILLO: Yes.
CHAIRMAN KAUFMAN: Okay. Wade?
MR. COHEN: For the record, Wade Cohen, Collier County
Code Enforcement.
Past orders: On June 26th --
MR. IANDIMARINO: One moment, please.
Thank you, Wade.
MR. COHEN: You're welcome.
On June 26th, 2025, the Code Enforcement Board issued a
findings of fact, conclusion of law and order. The respondent was
August 28, 2025
Page 79
found in violation of the referenced ordinances and ordered to correct
the violation. See the attached order of the Board, OR6488, Page
2921, for more information.
The violation has not been abated as of 8/28/25.
Fines and costs to date as follows: Fines have accrued at a rate
of $250 per day for the period from July 27th, 2025, to August 28th,
2025, 33 days, for a total fine of $8,250.
Fines continue to accrue.
Previously assessed operational costs of $59.28 have not been
paid. Operational costs for today's hearing is $59.28. Total amount,
$8,368.56.
CHAIRMAN KAUFMAN: Okay. The previously assessed
operational costs have not been paid; is that correct?
MR. OWEN: That is correct.
CHAIRMAN KAUFMAN: Okay. Your turn.
MS. MURILLO: Good morning. So I stand before the Board
here to clarify the issues with this property on Golden Gate Parkway.
I understand that the issues here are based on -- sorry. I'm blanking
for the word that I'm looking for -- littering -- litter, trash.
If you are familiar with this area of Golden Gate Parkway, then
you know that this is a very populated area where there is a lot of foot
traffic. This property is located in between a Dunkin Donuts and a
Little Caesar's pizza, and we're about -- less than a quarter of a mile
from a middle school and an elementary school. Like I mentioned
before, this is a heavily walkable believe area.
We have taken many, many steps to satisfy the Board and Code
Enforcement. We've spent a lot of time and effort, me personally,
overseeing a lot of the maintenance on this project -- on this property
as far as landscaping, as far as cleanup, monitoring CCTV. We have
a team of four people that are currently and actively monitoring this
property with live notifications.
August 28, 2025
Page 80
So like I mentioned, this is a heavily populated area, and since
I've gathered the access on my cell phone to this CCTV, I've noticed
that I get notifications in the 10s and 20s by the hour because of the
foot traffic. Every time there's a person or a car that walks through or
passes through this area, I get a notification.
A lot of the litter that comes -- that I see on the property comes
from Dunkin Donuts, and it comes from Little Caesar's, and it seems
that the reoccurring issue here is that, because of the foot traffic and
the age that a lot of these people are walking through, they're
children, schoolchildren, they get their Dunkin Donuts coffee or their
snack from the gas station, because there's many of them on Golden
Gate Parkway, and they seem to just litter.
And we are doing everything we can to monitor this. We have
about 10 if not more no trespassing, no passing -- just a bunch of
signage that we've put up there.
Again, we've added more cameras. And you might ask why this
took so long to do, and a lot of it has to do -- well, there are two main
reasons. One main reason was we weren't able to as actively monitor
the property due to the CCTV issues. There was an absolute mess in
the IT area of the wiring. Nothing was labeled, so it was a -- it was a
long project.
On top of that there was -- we came to an agreement with the
Sheriff's department to monitor this area. And I know it's easy to
point the finger at someone else and say that this is the reason or not,
but I don't feel that this was being enforced, but it could be due in
part to the fact that we did not know that this agreement with the
Sheriff's Office had to be renewed. We thought it was something that
was for infinity.
So that is why we haven't been able to really keep people out of
the area.
CHAIRMAN KAUFMAN: Well, we're not here to rehear the
August 28, 2025
Page 81
case. The case was heard, and they were found in violation, A; B,
does any of that have to do with why the operational costs from the
last hearing were not paid?
MS. MURILLO: I'm not entirely sure why that would be. I
wasn't here for the hearing, unfortunately, as much as I would have
liked to have been. I just want to work in tandem with the Board and
with Code Enforcement to get this satisfied.
We do plan to be operating within 180 days, which satisfies a lot
of the issues that may come with not having personnel on property to
monitor actively. I would just like the Board to take that into
consideration.
CHAIRMAN KAUFMAN: Well, that's six months.
Wade, have you been by that area lately?
MR. COHEN: Many times. Last time was yesterday.
They have taken steps in the recent days to correct some of the
issues. So when I was there yesterday, the homeless that are
normally there were gone. It had been cleaned up substantially but
not entirely. They've just recently posted the "no trespassing" signs.
And my understanding is that they have reengaged with the Sheriff's
Office to request patrols via the no trespass agreement.
The problem with the property as stated is it's a vacant property.
It is used as a cut-through. And you can clean the property up in the
morning, I can go by there at noon, and I'm going to find trash and
litter once again. So it's an ongoing issue.
Not to mention the other case that will be before the Board
shortly for the property maintenance issues of the structures
themselves. But they did, to be fair, take steps to really reduce the
litter and debris that is present at the property.
MR. LETOURNEAU: Wade, what was specifically there
yesterday as far as litter?
MR. COHEN: Yesterday there were some pizza boxes and
August 28, 2025
Page 82
some soda bottles. There was some junk and debris around the
dumpster area. Several cups and lids and napkins and things of that
nature. You know, compared to the items that we found previously,
the human feces and some of the other things, it's very minor in
comparison, but it is still there.
BOARD MEMBER AYASUN: How big is the property?
MS. MURILLO: It's -- I can't give you an exact measure. It's
not a large property.
MR. LETOURNEAU: I would say less than a half an acre, to
be honest with you.
BOARD MEMBER FUENTES: Are you one of the owners, or
you're just here to represent the owner?
MS. MURILLO: I'm just here to represent the owner. I do
property management.
BOARD MEMBER AYASUN: And what is on the property?
Just nothing?
MS. MURILLO: So it used to be a cell phone store. We do
have plans to get it, like I said, up and operating within 180 days.
And I know that Wade mentioned that if he went in the morning and
then revisited at a later time in the day, that there would be debris
there, but we have been actively working with Wade and
corresponding and being as communicative as possible and staying in
correspondence with him so that we can actually have more constant,
if not daily, surveillance -- personnel on site to clean up.
I do have some pictures of the site, if you would like to see
them. These are from yesterday. Yeah, from yesterday.
MR. LETOURNEAU: I will say, this property is probably
going to be a problem until a business takes ahold of it and they can,
you know, obviously, monitor it daily, just due to the fact that -- the
area it's in. You're well aware of the area. You used to have a
property there right behind there.
August 28, 2025
Page 83
CHAIRMAN KAUFMAN: Yeah.
BOARD MEMBER AYASUN: There is a structure, I guess,
right?
MS. MURILLO: Yes, there is.
BOARD MEMBER AYASUN: And it's nothing in it?
MS. MURILLO: No.
CHAIRMAN KAUFMAN: What kind of business are you
contemplating -- the owner contemplating putting up on it?
MS. MURILLO: So from what I understand, there are
potentially talks of it being food and beverage.
CHAIRMAN KAUFMAN: Why don't you have them go into
the barbed wire business?
MR. LETOURNEAU: It used to be the old ABC liquor store.
CHAIRMAN KAUFMAN: Yeah.
I owned a condo behind that property, and what happened was
the kids would come through there, because the school is there.
MS. MURILLO: Yes.
CHAIRMAN KAUFMAN: So we wound up planting clusia to
block it, and that solved the problem.
MS. MURILLO: Okay. I might have to take a page out of your
book, then.
CHAIRMAN KAUFMAN: Just go behind the place and take a
look at the clusia that was put up. So the kids can't take a little
shortcut, if you will.
MS. MURILLO: Right.
MR. NOELL: And, ma'am, those pictures that you asked me to
provide to the Board, are you asking the Board to enter that into
evidence in this matter?
MS. MURILLO: Yes.
MR. NOELL: Okay. County, do you have any objection to
that?
August 28, 2025
Page 84
MR. COHEN: No.
CHAIRMAN KAUFMAN: I don't think you need to have any
evidence. This case was heard already. This is the --
MR. NOELL: It's a different issue. This is -- this is still a
hearing, but it's a motion for an imposition of fine hearing, and so
part of the evidence the Board considers is -- I understand the
County's position saying it's not abated, but the Board can consider
evidence, pictures, from the respondent that may show that it's been
abated. So that's the purpose of being able to enter those. So the
Board would just need to make a motion and decide whether they're
going to accept it.
MR. LETOURNEAU: When were those pictures taken?
Today?
MS. MURILLO: Those were from yesterday.
MR. LETOURNEAU: Yesterday.
MR. COHEN: I have pictures from yesterday as well.
MR. NOELL: Do you want to enter those into evidence?
MR. LETOURNEAU: Yes, we do, as long as we're having hers
up here.
MR. NOELL: And it's entirely appropriate. I mean, this is a
hearing on the imposition. So feel free to do that. Have you showed
those pictures --
MR. LETOURNEAU: Have you seen these pictures that Wade
took?
MS. MURILLO: I have not, no.
CHAIRMAN KAUFMAN: Do you have any objection to those
pictures?
MR. NOELL: He'll put those up on the screen here.
CHAIRMAN KAUFMAN: Why don't you show them -- show
them to the respondent -- well, show them so that you can say
whether you have any objection to those pictures or not.
August 28, 2025
Page 85
MS. MURILLO: Okay.
CHAIRMAN KAUFMAN: If you would do that now.
BOARD MEMBER AYASUN: Not on the screen.
CHAIRMAN KAUFMAN: Well, we'll close our eyes.
MS. MURILLO: So what I notice right off the bat is these
pictures were taken before we got there. So the pictures that the
Board has from me are from later in the afternoon, later in the -- more
in the evening, I think, about 4 o'clock.
CHAIRMAN KAUFMAN: Do you have somebody going there
every day to clean the property?
MS. MURILLO: Yes. At this point we have no other choice.
It's -- there's literally no other choice. We have to have someone
there every day to clean up, because Duncan Donuts is really busy,
and so is Little Caesar's. We have no other choice. But we are
actively there.
CHAIRMAN KAUFMAN: Because the pictures that you have
show it clean.
MR. NOELL: And, ma'am, I understand what you're saying is
those pictures were taken earlier in the day yesterday, but do you
have any objection to that being entered into evidence?
MS. MURILLO: No, I do not.
MR. NOELL: Okay.
CHAIRMAN KAUFMAN: Okay. Get a motion --
BOARD MEMBER ELROD: I make a motion to accept all
photos.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
August 28, 2025
Page 86
CHAIRMAN KAUFMAN: (No verbal response.)
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
BOARD MEMBER AYASUN: That's the pictures.
CHAIRMAN KAUFMAN: Okay. Now we can look at them.
BOARD MEMBER AYASUN: Yeah. Do you get to keep
these pictures now? They were put in evidence.
MR. NOELL: They'll become part of the record of the Board.
CHAIRMAN KAUFMAN: Yes.
BOARD MEMBER AYASUN: You lost the photos.
MR. NOELL: I explained that to her beforehand. I always do.
BOARD MEMBER AYASUN: I know. I saw you do it.
CHAIRMAN KAUFMAN: Wade, do you want to show the rest
of your pictures?
MR. COHEN: Yes, sir.
BOARD MEMBER RUBENSTEIN: It doesn't look that bad.
MR. COHEN: It's much better than it was.
CHAIRMAN KAUFMAN: Do you find that the Dunkin Donuts
has the same litter on their property?
MR. COHEN: No, sir.
CHAIRMAN KAUFMAN: That's interesting.
MR. LETOURNEAU: Well, because their business is open.
I'm sure their employees go out there and police the area.
(Simultaneous crosstalk.)
CHAIRMAN KAUFMAN: Well -- and you're cleaning the
property every day.
MS. MURILLO: Yes. I even go personally myself to pick up
the trash that's there.
BOARD MEMBER ELROD: So I'd like to make a motion to
August 28, 2025
Page 87
give them -- give them the 180 days. If she pays both operational
costs, last time and this time. Today's -- last month's today and 30
days for the 59.28 for this month.
MS. MURILLO: In regards to the fines, will the Board please
clarify for me?
BOARD MEMBER FUENTES: Well, right now --
CHAIRMAN KAUFMAN: They haven't been imposed yet,
okay? But the operational costs that has a deadline of 30 days from
when they were put down, when the hearing was -- court costs, for
lack of a better term, they need to be paid.
BOARD MEMBER FUENTES: So last time they came before
the Board, we usually -- as you've heard today, there's an operational
costs that gets paid within 30 days. It's usually about 59, 60 bucks,
whatever. Whoever was here last time did not make the payment. So
typically when we have a situation like this, we don't grant any type
of continuance because there was no payment made.
BOARD MEMBER AYASUN: Yep.
BOARD MEMBER FUENTES: And the owner's not here. You
are. And I understand you're the property manager, but they're not
here.
As for the fines, there's a total of $8,368 that have not been
imposed yet. We would do that today if we chose to, or we grant you
a continuance so where the next time you come, hopefully those
operational costs, both of them, for last time and this time, are paid,
and then we could choose whether or not it's been baited or whether
we have to impose the fines at that point, if that's what we chose to
do. So that's how that works.
MS. MURILLO: Okay.
BOARD MEMBER FUENTES: So right now we have a prior
operational costs that have not been paid. So whoever was here did
not pay them.
August 28, 2025
Page 88
MS. MURILLO: Okay. That's -- we shouldn't send somebody
to do a "me" thing, so now I know.
CHAIRMAN KAUFMAN: Jeff?
MR. LETOURNEAU: I've got a couple -- Kathleen, why 180
days?
BOARD MEMBER ELROD: Didn't she say that's what you
were putting in -- she requested that number --
MS. MURILLO: Yes.
BOARD MEMBER ELROD: -- to put a business in it.
MR. LETOURNEAU: For a business? Okay. That seems kind
of a long time for a litter --
BOARD MEMBER FUENTES: It is a little long. Yeah. I don't
think that's going to go.
MR. LETOURNEAU: I think -- I have an idea that maybe we
give them 30 days. Wade monitors the property. If they appear to be
cleaning it up on a daily basis, we would work with them and
hopefully close the case out at that point. She just needs to show that
they're cleaning it up regularly. If that's okay with the Board right
there.
CHAIRMAN KAUFMAN: I agree with you, Jeff.
BOARD MEMBER ELROD: Okay.
CHAIRMAN KAUFMAN: We don't have a motion yet.
BOARD MEMBER ELROD: We did, but it died.
CHAIRMAN KAUFMAN: Okay.
MS. MURILLO: I would just like to say that the best-case
scenario here on my end would be to humbly ask the Board to pause
on fining us because we have already invested a lot of time, and
especially money, and money does talk. And the amount of money
that we -- yes.
BOARD MEMBER FUENTES: Alyssa, I don't think -- I think
we're probably going to do what Jeff recommended here. So we're
August 28, 2025
Page 89
probably going to go with the 30-day continuation.
MS. MURILLO: Okay. So I will come back?
BOARD MEMBER FUENTES: You'll come back. You get to
see us again.
MR. LETOURNEAU: And what I would say, if you do work
with Wade and you put forth a good-faith effort to keep this property
clean, we would not object to any kind of a reasonable reduction in
the fines at that point.
MS. MURILLO: Okay. That sounds good.
CHAIRMAN KAUFMAN: Okay. So now we're looking for a
motion.
BOARD MEMBER FUENTES: Yeah. She can make the
motion; it doesn't matter. But -- the total. So we have the
previously --
All right. So I'll make a motion. I'll make a motion that we go
ahead and grant you a continuation of 30 days and that the
operational costs -- there's going to be two costs that need to be paid,
the prior hearing cost and this hearing, the operational costs of
$118.56. Those need to get paid within the next 10 days.
MS. MURILLO: Okay.
BOARD MEMBER FUENTES: We do want to grant 30. We
think that, you know, that should be -- that should have been paid.
This is a unique scenario. As I said earlier, normally when they don't
pay, we don't work with them.
MS. MURILLO: Right.
BOARD MEMBER FUENTES: So let's get those paid. You've
got 30 days. And I think if you work with Wade and Jeff Letourneu,
you guys may not come back.
BOARD MEMBER AYASUN: Second.
MS. MURILLO: Okay. Thank you very much.
BOARD MEMBER FUENTES: You're welcome.
August 28, 2025
Page 90
MS. MURILLO: I really appreciate it.
CHAIRMAN KAUFMAN: They will come back because the --
BOARD MEMBER FUENTES: Yeah --
CHAIRMAN KAUFMAN: The fines have to be disposed of.
But that's okay.
BOARD MEMBER FUENTES: You'll come back, but it
wouldn't be -- yeah.
BOARD MEMBER RUBENSTEIN: I'll second it.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MS. MURILLO: Thank you.
CHAIRMAN KAUFMAN: Put up a clusia hedge or something
with stickers on it. Cactus.
What's next?
MS. BUCHILLON: Next case, No. 16, CELU20230011037,
Cristhian M. Lopez, Misleydis C. Rodriguez, and Ricardo M.
Rodriguez Leyva, and also No. 17, CEVR20240002227.
CHAIRMAN KAUFMAN: This is a two-for.
Sixteen says it's been abated; 17 is not.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. MARINOS: I do.
August 28, 2025
Page 91
MR. LOPEZ: I do.
MS. RODRIGUEZ: I do.
CHAIRMAN KAUFMAN: Could you state your name on the
microphone for us, please.
MR. LOPEZ: Cristhian Lopez.
MS. RODRIGUEZ: Misleydis Rodriguez.
CHAIRMAN KAUFMAN: Okay. Do you want to read this
into the record for us?
MR. MARINOS: Absolutely.
For the record, Investigator Chuck Marinos, Collier County
Code Enforcement.
Past orders: On February 27th, 2025, the Code Enforcement
Board issued a finding of fact, conclusions of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violations. See the attached order of the Board,
OR6449, Page 2769, for more information.
On May 22nd, 2025, the Code Enforcement Board granted a
continuance.
The violation has been abated as of June 23rd, 2025.
Fines have accrued at the rate of $200 per day from the period of
March 30th, 2025, to June 23rd, 2025, 86 days, for a total fine
amount of $17,200.
Previously assessed operational costs of $59.23 have been paid.
As a correction, the other previously assessed operational costs of
$59.49 have also been paid. Operational costs for today's hearing is
$59.70, for a total amount of a $17,259.70.
The gravity of the violation is not health and safety.
Any actions taken by the violator to correct: They removed
offending vehicles to a site intended for such use.
Any previous violations committed by the respondent is NA.
And any other relevant factors is NA.
August 28, 2025
Page 92
CHAIRMAN KAUFMAN: Okay. This was a case where
multiple commercial trailers and et cetera were parked on the
property.
MR. LOPEZ: Correct.
CHAIRMAN KAUFMAN: So it's taken a while to get done.
Your turn to give us some information.
MR. LOPEZ: So we've been compliant, and we've been doing
everything we need to do. The reason for the delay, because my dad
got in an accident, and he's the one handling everything.
We have been filing all the paperwork and doing everything we
need to do. We're just waiting on some -- some other paperwork.
And we've been paying everything we need to do from what
I've -- from what I've been told and whatever, and we'll continue to
keep working on the situation. We're just asking for a motion for an
extension of 160 days, if that's possible.
CHAIRMAN KAUFMAN: Well, the one we're looking at now,
it says you are in compliance.
MR. LOPEZ: Yeah.
CHAIRMAN KAUFMAN: So we're going to take it separately,
this case and the next one.
MR. LOPEZ: Okay.
CHAIRMAN KAUFMAN: Any comments from the Board?
(No response.)
CHAIRMAN KAUFMAN: I'd like to make a motion on this
one that we reduce the fine on this from 17,319.19 to $1,500. The
59.70 is included in that amount. That's for today's hearing.
BOARD MEMBER AYASUN: This is on No. --
CHAIRMAN KAUFMAN: Sixteen.
BOARD MEMBER AYASUN: Sixteen, okay.
BOARD MEMBER FUENTES: Second.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
August 28, 2025
Page 93
second. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
BOARD MEMBER RUBENSTEIN: Can I make a comment?
CHAIRMAN KAUFMAN: Okay. What's your comment?
BOARD MEMBER RUBENSTEIN: Plus the previous unpaid
59.40.
BOARD MEMBER FUENTES: No, they said he paid it. That
was in error.
Helen, what were you going to say?
MS. BUCHILLON: Okay. So you reduced it to 1,500? Is that
including today's ops costs.
BOARD MEMBER FUENTES: Yes, it's included.
CHAIRMAN KAUFMAN: Yes, it is.
Okay. That takes care of that one. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER ELROD: Half of it's done.
BOARD MEMBER AYASUN: Number 17.
CHAIRMAN KAUFMAN: Number 17. The difference
between 16 and 17, the violation has not been abated on this one, if
you want to read that into the record on this one.
MR. MARINOS: Yes, sir.
Past orders: On February 27th, 2025, the Code Enforcement
Board issued a finding of fact, conclusion of law and order. The
August 28, 2025
Page 94
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR6449, Page 2764, for more information.
The violation has not been abated as of August 28th, 2025.
Fines have accrued at a rate of $200 per day for the period from
June 28th, 2025, to August 28th, 2025, 62 days, for a total fine
amount of $12,400.
Fines continue to accrue.
Previously assessed operational costs of $59.28 have been paid.
The operational costs for today's hearing is 59.49, for a total amount
of $12,459.49.
CHAIRMAN KAUFMAN: Okay. Now, we're up to where you
were saying that you needed some more time.
MR. LOPEZ: So we needed some more time for this one
because we are working on that one.
CHAIRMAN KAUFMAN: Okay.
MR. LOPEZ: And that will be the extension of the 160 days or
whatever for that.
CHAIRMAN KAUFMAN: So, again, how much time do you
say you need on this?
MR. LOPEZ: One sixty days. I think it will be possible for us
to complete what we need to do.
BOARD MEMBER FUENTES: A hundred and sixty days.
MR. LOPEZ: Yeah.
MR. IANDIMARINO: May I ask -- may I ask a question,
please?
CHAIRMAN KAUFMAN: Sure.
MR. IANDIMARINO: This is Tom Iandimarino.
Chuck, are they going to require any permits for this particular --
MR. MARINOS: What's holding them up currently is a
vegetation removal permit. They did apply for that permit a while
August 28, 2025
Page 95
back. It was originally denied. The conditions stated that the aerial
view shows a semitruck throughout the property, site plan shows area
for semitruck parking and turnaround. Current issued zoning
certificate approves a home office use but not storage of vehicles.
Please submit a new verification letter or modify the vegetation
removal permit to accommodate.
So, essentially, the original purpose they applied for the VRP for
was denied.
MR. IANDIMARINO: Okay. And they have to resubmit?
MR. MARINOS: They have to -- not resubmit entirely but issue
a correction to that VRP.
CHAIRMAN KAUFMAN: Are you familiar with that
situation?
MR. LOPEZ: Yes.
CHAIRMAN KAUFMAN: Okay. So --
MR. IANDIMARINO: Thank you.
CHAIRMAN KAUFMAN: -- you're looking for five months,
basically.
MR. LOPEZ: Okay.
CHAIRMAN KAUFMAN: Is that correct?
MR. LOPEZ: She said that's fine, yeah.
CHAIRMAN KAUFMAN: Okay. Do you have --
BOARD MEMBER RUBENSTEIN: I have a question.
CHAIRMAN KAUFMAN: Go ahead.
BOARD MEMBER RUBENSTEIN: What have you done -- sir,
what have you done to abate this property since February? This is
almost September.
MR. LOPEZ: Well, my dad's the one that's been working on
that. He's been following the whole process. As you can see, he's not
here today. He has told me that he has done everything that he needs
to do. We were just asking for more time with the situation or
August 28, 2025
Page 96
whatever.
BOARD MEMBER RUBENSTEIN: Is that accurate?
MR. LOPEZ: Everything has been followed.
(Simultaneous crosstalk.)
MR. MARINOS: He removed the vehicles that was part of
the -- part of the overall issue and applied for the VRP. As I stated to
Mr. Iandimarino, it was denied and just needs to be corrected,
essentially.
BOARD MEMBER RUBENSTEIN: Okay.
CHAIRMAN KAUFMAN: You want to make a motion, or do
you want me to make a motion?
BOARD MEMBER FUENTES: You can make it.
BOARD MEMBER RUBENSTEIN: I'll make a motion.
CHAIRMAN KAUFMAN: Go ahead.
BOARD MEMBER RUBENSTEIN: Give him a continuance of
90 days, all the fines continue to accrue, and the operational costs of
59.49 to be paid within 10 days, sir.
MR. LOPEZ: Okay.
BOARD MEMBER RUBENSTEIN: Ten days, okay?
MR. LOPEZ: Okay.
CHAIRMAN KAUFMAN: I'll second that. All those in favor?
BOARD MEMBER RUBENSTEIN: Aye.
CHAIRMAN KAUFMAN: Aye.
Opposed?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER FUENTES: Nay.
BOARD MEMBER AYASUN: Nay.
CHAIRMAN KAUFMAN: It passes 3-2.
BOARD MEMBER FUENTES: Wait. Tarik, you said nay or
aye?
BOARD MEMBER AYASUN: Nay.
August 28, 2025
Page 97
BOARD MEMBER FUENTES: Oh, he said "nay," so it did not
pass.
CHAIRMAN KAUFMAN: It didn't pass, okay.
BOARD MEMBER AYASUN: I would go for the 160 days.
BOARD MEMBER FUENTES: The land -- the vegetation
permit's going to take some time.
BOARD MEMBER AYASUN: Yeah, I know. It's not going to
be -- 90 days, you can't get a permit.
CHAIRMAN KAUFMAN: Okay. Somebody want to make
another motion?
BOARD MEMBER FUENTES: I'll make a -- go ahead, Tarik.
BOARD MEMBER AYASUN: No, go ahead.
BOARD MEMBER FUENTES: I make a motion that the
operational costs for 59.49 get paid within 30 days, and I will grant
you a continuation of 160 days.
BOARD MEMBER ELROD: Second.
MR. LOPEZ: Okay. Thank you.
CHAIRMAN KAUFMAN: Okay. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
BOARD MEMBER RUBENSTEIN: Nay.
CHAIRMAN KAUFMAN: It carries.
MR. LOPEZ: All right. Thank you. You guys have a good
day.
CHAIRMAN KAUFMAN: You too.
MR. MARINOS: Thank you.
CHAIRMAN KAUFMAN: We're working hard, Terri. The
smirk.
August 28, 2025
Page 98
Where are we? Helen?
MS. BUCHILLON: We have just a few more cases left that
have no respondents here for imposition.
CHAIRMAN KAUFMAN: Fine.
MS. BUCHILLON: Okay. We are still under motion for
imposition of fines and liens.
CHAIRMAN KAUFMAN: Yes.
MS. BUCHILLON: Number 4, CEAU20250002739, Eduardo
Silguero and Natividad Silguero.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. HERARD: I swear -- I swear.
CHAIRMAN KAUFMAN: Could you give us your name?
MR. HERARD: For the record, my name is Jernell Herard,
Collier County Code Enforcement.
CHAIRMAN KAUFMAN: Are you a virgin here?
MR. HERARD: I am.
BOARD MEMBER FUENTES: Oh, my gosh.
CHAIRMAN KAUFMAN: He hasn't been before the Board
before. What can I say?
BOARD MEMBER FUENTES: Somebody get popped.
CHAIRMAN KAUFMAN: Okay. Would you like to read this
into the record for us?
MR. HERARD: All right. Again, for the record, Jernell Herard,
Collier County Code Enforcement.
Past orders: On May 22nd, the Code Enforcement Board issued
a finding of fact, conclusions of law and order. The respondent was
found in violation of the referenced ordinances and ordered to correct
the violation. See attached order of the Board, OR6475, Page 3919,
for more information.
August 28, 2025
Page 99
The violation has not been abated as of August 28th of 2025.
Fines have accrued at a rate of $50 per day for the period of
June 7th, 2025, to August 28th, 2025, 83 days, for a total fine amount
of $4,000 and -- $4,150.
Fines continue to accrue.
Previously assessed operational costs of $59.28 have not been
paid. Operational costs for today's hearing, $59.35. Total amount is
going to be $4,268.63.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER FUENTES: Can you notify us on how the
respondent was served?
MR. HERARD: Well, served a notice of violation. Tried to call
the respondents to try to be here, but it seems like, unfortunately,
respondent's incarcerated.
CHAIRMAN KAUFMAN: You haven't been in touch with the
respondent?
MR. HERARD: No, I have not been. I tried to attempt to call
the two property owners that were on the property, the father and son.
The father, again, is, unfortunately, incarcerated, and the son had a
number. It was in Texas, so it seems like he's not in state.
CHAIRMAN KAUFMAN: Okay. Helen, can you share the
notice.
MS. BUCHILLON: Sure. For the record, respondents were
notified regular and certified mail August 4th, 2025, and it was also
posted at the property and courthouse August 1st, 2025.
MR. LETOURNEAU: Hey, Jernell, is this the case where the
road department turned it in because the fence was encroaching --
MR. HERARD: Correct. The fence was on the easement,
correct, sir.
MR. LETOURNEAU: Easement, okay.
So, yeah, I think at this point they want -- road department wants
August 28, 2025
Page 100
to get in and clean up this easement, and they can't get in there
because this fence is in the way. I think they want -- they turned it
over to Code Enforcement to get an order so we can go in there and
do it and then use them as the abatement party and remove the fence.
CHAIRMAN KAUFMAN: I'm going to make -- I'll make a
motion that we impose the fine, and that should also give them the
ability to enter the property.
MR. HERARD: So part of the fence in the easement actually
has been removed, actually. I actually do have some pictures I took
on the prehearing inspection. I could actually show some.
MR. LETOURNEAU: I was unaware of that.
CHAIRMAN KAUFMAN: We're fine. So let me make a
motion that we impose the fine.
BOARD MEMBER FUENTES: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
And for your first time here, perfect.
MR. HERARD: Appreciate it. Thank you.
CHAIRMAN KAUFMAN: Thank you.
MR. HERARD: You guys have a good day.
CHAIRMAN KAUFMAN: You too.
BOARD MEMBER FUENTES: Spoke loud and clear.
CHAIRMAN KAUFMAN: Yes. I can hear you, which is
August 28, 2025
Page 101
something I can't always hear.
BOARD MEMBER FUENTES: Take notes, Brad.
MS. BUCHILLON: Next case, No. 8, CEPF20240010335,
Abdallah Masoud Mustafa.
BOARD MEMBER AYASUN: I remember this.
CHAIRMAN KAUFMAN: Let the record reflect the
respondent is not present.
Helen, could you tell us the --
MS. BUCHILLON: For the record, respondent was notified
regular and certified mail July 31st, 2025, and it was also posted at
the property and courthouse August 1st, 2025.
CHAIRMAN KAUFMAN: Thank you.
Wade, do you want to read this through the --
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. COHEN: I do.
CHAIRMAN KAUFMAN: If you would read this into the
record.
MR. COHEN: Yes, sir.
For the record, Wade Cohen, Collier County Code Enforcement.
Past orders: On May 22nd, the Code Enforcement Board issued
a findings of fact, conclusions of law and order. The respondent was
found in violation of the referenced ordinances and ordered to correct
the violation. See the attached order of the Board, OR6475,
Page 3900, for more information.
The violation has not been abated as of August 28th, 2025.
Fines and costs to date are as follows: Fines have accrued at a
rate of $100 per day for the period from June 22nd, 2025, to
August 28th, 2025, a total of 68 days, for a total fine amount of
$6,800.
August 28, 2025
Page 102
Fines continue to accrue.
Previously assessed operational costs of $59.28 have not been
paid. Operational costs for today's hearing, $59.35, for a total
amount of $6,918.63.
CHAIRMAN KAUFMAN: Have you been in touch with the
respondent at all?
MR. COHEN: I spoke with the respondent a day or two before
the initial hearing, and that was it. Now he's gone silent.
CHAIRMAN KAUFMAN: What was the violation?
MR. COHEN: This started as a permit fee case for two permits
that expired with fees owed and open conditions, but this particular
property owner, I believe, has another case where the property has
been liened previously.
CHAIRMAN KAUFMAN: Okay. I'd like to make a motion
that we impose the fine.
BOARD MEMBER FUENTES: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. COHEN: Thank you.
CHAIRMAN KAUFMAN: Thank you, Wade.
Next?
MS. BUCHILLON: Next case, No. 12, CELU20240002393,
951 Commerce Center Property Owners Association.
August 28, 2025
Page 103
BOARD MEMBER FUENTES: Are you and Brian competing?
What's going on here?
MS. BUCHILLON: Yeah, it was the Brian and Wade Show.
MR. WADE: It was a busy month.
BOARD MEMBER FUENTES: You guys need to start a TV
series here, the Brian and Wade Show.
CHAIRMAN KAUFMAN: B & W.
BOARD MEMBER FUENTES: B & W, yeah. Man.
CHAIRMAN KAUFMAN: Okay. Let the record reflect that
the respondent is not present.
Helen, notification?
MS. BUCHILLON: Respondents were notified regular and
certified mail July 31st, 2025, and it was also posted at the property
and courthouse August 1st, 2025.
CHAIRMAN KAUFMAN: Great. Wade, if you'd --
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. COHEN: I do.
CHAIRMAN KAUFMAN: Do you want read this into the
record for us?
MR. COHEN: Yes, sir.
For the record, Wade Cohen, Collier County Code Enforcement.
Past orders: On May 22nd, 2025, the Code Enforcement Board
issued a findings of fact, conclusion of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR6475, Page 3916, for more information.
The violation has not been abated as of August 28th, 2025.
Fines and costs to date are as follows: Fines have accrued at a
rate of $1,000 per day for the period from June 22nd, 2025, to
August 28, 2025
Page 104
August 28th, 2025, a total of 88 days, for a total fine amount of
$88,000.
Fines continue to accrue.
Previously assessed operational costs of $59.28 have not been
paid. Operational costs for today's hearing are $59.42, with a total
amount of $88,118.70.
CHAIRMAN KAUFMAN: Okay.
BOARD MEMBER AYASUN: I make a motion that we
imposed the fine of 88,400 -- I'm sorry -- 88,118.70.
CHAIRMAN KAUFMAN: Okay. We have a motion.
BOARD MEMBER FUENTES: Second.
BOARD MEMBER RUBENSTEIN: I'll second.
CHAIRMAN KAUFMAN: And a second. All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you, Wade.
MR. COHEN: Thank you, sir.
CHAIRMAN KAUFMAN: And the last case...
MS. BUCHILLON: And the last case, No. 18,
CESD20240003978, Jeffrey J. Allman and Bertha L. Allman.
BOARD MEMBER FUENTES: These guys take their job
seriously.
CHAIRMAN KAUFMAN: Let the record reflect that the
respondent is not present.
MS. BUCHILLON: For the record, respondents were notified
August 28, 2025
Page 105
regular and certified mail July 31st, 2025, and it was also posted at
the property and courthouse July 31st, 2025.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MR. OWEN: I do.
CHAIRMAN KAUFMAN: If you would read it into the record
for us.
MR. OWEN: For the record, Brian Owen, Collier County Code
Enforcement.
Past orders: On January 23rd, 2025, the Code Enforcement
Board issued a finding of facts and conclusion of law and order.
Respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See attached order of the Board,
OR6437, PG3349, for more information.
The violation has not been abated as of August 28th, 2025.
Fines and costs to date are as follows: Fines have accrued at a
rate of $50 per day from the period of July 23rd, 2025, to
August 28th, 2025, 37 days, for a total fine amount of $1,850.
Fines continue to accrue.
Previous assessed operational costs of 59.28 has not been paid.
Operational costs for today's hearing is 59.42, for a total fine amount
of $1,968.70.
CHAIRMAN KAUFMAN: Okay. Have you been in contact
with the respondent at all?
MR. OWEN: No, sir, I have not.
CHAIRMAN KAUFMAN: They're --
MR. OWEN: They don't want to respond to door tags, phone
calls. And for note, Mr. Allman is a contractor, and he should know
what he needs to be doing.
CHAIRMAN KAUFMAN: Okay.
August 28, 2025
Page 106
BOARD MEMBER FUENTES: I make a motion --
MR. OWEN: Reinspection yesterday -- reinspection yesterday
found the shed that was in violation to be picked up and moved
around his water equipment and placed closer to the house with a
permit in an abandoned status.
CHAIRMAN KAUFMAN: Okay. Go ahead.
BOARD MEMBER FUENTES: Yeah, I'll make a motion to
impose the fines.
BOARD MEMBER AYASUN: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Our last business are the -- we have to vote on this -- the fines
that are being turned over to the County.
MS. BUCHILLON: Yes, sir.
CHAIRMAN KAUFMAN: Okay. There are five parcels that
are being turned over to the County for their fine work that they're
going to do.
Make a motion that we approve that.
BOARD MEMBER AYASUN: Second.
BOARD MEMBER FUENTES: Second.
CHAIRMAN KAUFMAN: All those in favor?
BOARD MEMBER ELROD: Aye.
BOARD MEMBER RUBENSTEIN: Aye.
August 28, 2025
Page 107
BOARD MEMBER AYASUN: Aye.
CHAIRMAN KAUFMAN: Aye.
BOARD MEMBER FUENTES: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MS. BUCHILLON: That's it.
CHAIRMAN KAUFMAN: Any other business?
MS. BUCHILLON: No, sir.
CHAIRMAN KAUFMAN: We are adjourned.
*******
August 28, 2025
Page 108
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:06 p.m.
CODE ENFORCEMENT BOARD
___________________________________
ROBERT KAUFMAN, CHAIRMAN
These minutes approved by the Board on ____________, as
presented ______________ or as corrected _____________.
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.